11343.0775 
LCMA  2 

1919 - 

C.3  ILLINOIS 

DEPARTMENT  OF 

Mines  and  Minerals 


General 


Information 

and  Laws 


Effective  July  1*  1919 


ROBERT  M.  MEDILL 

Director 

SPRINGFIELD 

[Printed  by  authority  of  the  State  of  Illinois.] 


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ILLINOIS 


DEPARTMENT  OF 

Mines  and  Minerals 

General 
Information 
and  Laws 


Effective  July  i,  1919 


ROBERT  M.  MEDILL 

Director 

•  SPRINGFIELD 

[Printed  by  authority jo>f  the  State  of  Illinois.] 

7423437 


ILLINOIS  PRINTING  CO.,  DANVILLE,  ILL. 

(41961 - 2M) 


CONTENTS. 


Page. 

1.  Department  of  Mines  and  Minerals — 

Organization,  power  and  duties .  7 

2.  General  Mining  Law .  10 

3.  Right  of  Eminent  Domain . .  77 

4.  Wages,  Lien  on  Property .  81 

5.  Miners  paid  for  all  Coal  Mined .  81 

6.  Shot-firers  in  Coal  Mines .  82 

7.  Fire  Fighting  Equipment .  85 

8.  Rescue  Stations  .  95 

9.  Miners’  Examining  Board .  99 

10.  Oil  and  Gas  Wells .  104 

11.  Coal  and  other  Mineral  Leases . .*•••  197 

12.  "*  Oil  or  Gas  Leases . .* .  108 

13.  Regulating  Character  of  Explosives .  109 

14.  Regulating  Character  of  Black  Powder .  112 

15.  Wash  Rooms  for  Employees .  115 

16.  Capital  Stock  Ownership .  117 

17.  Mining  Engineering  . . 117 

18.  Trespassing  .  119 

19.  Information  .  119 

20.  Mining  Investigation  .  120 

21.  Rules  and  Regulations  Governing  Examina¬ 

tions  .  124 

22.  Workmen’s  Compensation . 127 

23.  Tables  of  Compensation — Present  Values _ 171 


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DEPARTMENT  OF  MINES  AND  MINERALS. 

Director,  Robert  M.  Medill,  Springfield. 
Assistant  Director,  Martin  Bolt,  Springfield. 

THE  MINING  BOARD. 


Mine  Officers: 

Robert  M.  Medill,  Director. 

M.  S.  Coleman,  Harrisburg. 

James  Needham,  Chicago. 

William  Hutton,  DuQuoin. 

Peter  Joyce,  Springfield. 

MINERS’  EXAMINING  BOARD. 

Miners^  Examining  Officers: 

William  Hall,  President,  Springfield. 

William  H.  Turner,  Secretary -Treasurer,  Col¬ 
linsville. 

William  Hogan,  Zeigler. 

Joseph  C.  Viano,  Coal  City. 

DIVISION  OF  MINE  INSPECTION. 

Mine  Inspectors: 

Walter  A.  Waite,  Springvalley. 

William  E.  Kidd,  Peoria. 

Thomas  P.  Back,  Canton. 

Robert  F.  Back,  Springfield. 

Joseph  Haskins,  Catlin. 

John  G.  Millhouse,  Litchfield. 

W.  L.  Morgan,  Greenville. 

James  Richards,  Belleville. 

Frank  Rosbottom,  DuQuoin. 

John  O’Rourke,  Benton. 

Thomas  English,  Harrisburg. 

Henry  D.  Thompson,  Collinsville. 


State 


DIVISION  OF  ECONOMIC  INVESTIGATION. 


Investigator: 

James  Taylor,  Peoria. 

DIVISION  OF  MINE  RESCUE  AND  FIRST  AID. 

Superintendents : 

Alexander  Skelton,  LaSalle. 

Thomas  Rogers,  Herrin. 

John  Clusky,  Springfield. 

James  Robertson,  DuQuoin. 

James  Weir,  Benton. 

Frank  Patterson,  Harrisburg. 


DEPARTMENT  OF  MINES  AND  MINERALS. 


I.  ORGANIZATION  AND  MANAGEMENT. 

1.  Executive  Officers. 

The  Department  of  Mines  and  Minerals  is  com¬ 
posed  of  the  following  executive  officers  :  A  Director, 
an  Assistant  Director,  a  Mining  Board  consisting  of 
four  mine  officers  and  the  Director  of  the  Department, 
and  a  Miner’s  Examining  Board  of  four  persons  desig¬ 
nated  as  miners’  examining  officers.  (Secs.  4  and  5, 
Code. ) 

2.  Seal. 

Departments  are  required  to  adopt  and  authenti¬ 
cate  their  acts  by  an  official  seal.  (Sec.  19,  Code.) 

S.  CenU'al  and  Branch  Offices. 

Each  department  is  required  to  maintain  a  cen¬ 
tral  office  at  the  Capitol.  Branch  offices  for  the  con¬ 
duct  of  a  particular  function  of  the  department  may 
be  established  and  maintained  at  other  places  by  the 
director  with  the  approval  of  the  Governor.  (Sec. 
17,  Code.) 

>}.  Employees,  Civil  Service. 

From  those  who  are  in  the  classified  civil  service 
of  the  State  on  July  1,  1917,  in  the  office,  board,  com¬ 
mission  or  institution  coming  under  the  supervision 
and  control  of  the  department,  each  employee  is  to 
be  assigned  to  a  position  in  the  department,  having 
so  far  as  possible  duties  equal  to  his  former  office  or 
employment,  provided  no  more  are  employed  than  are 
necessary  to  the  proper  performance  of  the  functions 
of  the  department.  (Sec.  24,  Code.) 

Departments  have  power,  subject  to  civil  service 
laws,  to  employ  all  other  necessary  employees  and  fix 


8 


their  compensation,  when  their  compensation  has  not 
been  theretofore  determined  by  law.  (Sec.  20,  Code.) 

5.  Rules  and  Regulations. 

It  is  the  duty  of  the  Director  to  prescribe  rules 
and  regulations  for  the  government  of  his  department, 
the  conduct  of  its  employees,  the  distribution  and 
formance  of  its  business  and  the  custody,  use  and 
preservation  of  the  property,  records  and  documents. 
(Sec.  16,  Code.) 

6.  Cooperation,  Coordination  and  Efficiency. 

The  Director  is  to  devise  a  practical  system  of 
cooperation  and  coordination  of  the  work  of  the  de¬ 
partment  to  eliminate  all  duplication  and  overlapping 
of  functions,  and  to  economize,  whenever  practicable, 
in  the  use  of  quarters  and  equipment.  With  the  con¬ 
sent  of  the  superior  officer  of  the  employee,  the 
Director  may  require  an  employee  of  another  depart¬ 
ment  to  perform  any  duty  that  is  required  of  his  own 
emploj^ees.  (Sec.  26,  Code.) 

7.  Moneys,  Disposition. 

All  State  funds  or  moneys  received  by  a  depart¬ 
ment  must  be  turned  over  to  the  State  treasury  within 
ten  days  of  receipt,  without  any  deduction  whatso¬ 
ever.  (Sec.  27,  Code.) 

8.  Expenditures. 

Departments  are  forbidden  to  make  expenditures 
except  in  consequence  of  an  appropriation  duly  made 
and  upon  the  warrant  of  the  Auditor  of  Public  Ac¬ 
counts.  (Sec.  27,  Code.) 

9.  Reports. 

In  addition  to  the  semi-annual  and  biennial  re¬ 
ports  provided  for  by  the  constitution,  the  Director  is 
required  to  make  on  or  before  December,  annually  to 
the  Governor,  and  whenever  otherwise  requested, 


9 


written  report  concerning  the  condition,  management 
and  financial  transactions  of  the  department.  (Sec. 
25,  Code.)  ' 


II.  POWERS  AND  DUTIES. 

10,  Generally. 

This  department  is  by  the  Civil  Administrative 
Code  given  power  to — 

Acquire  and  diffuse  information  concerning 
the  nature,  causes  and  prevention  of  mine 
accidents,  and  the  improvement  of  methods,  con¬ 
ditions  and  equipment  of  mines  with  special  refer¬ 
ence  to  health,  safety  and  the  conservation  of 
mineral  resources ; 

Inquire  into  the  economic  condition  affecting 
mining,  quarrying,  metallurgical,  clay,  oil  and 
other  mineral  industries ; 

Promote  the  technical  efficiency  of  all  persons 
working  in  and  about  the  mines  of  the  State  and 
assist  them  in  better  to  overcome  the  increasing 
difficulties  of  mining,  and  for  that  purpose  to  pro¬ 
vide  bulletins,  traveling  libraries,  lecturers,  corre¬ 
spondence  work,  classes  for  systematic  instruc¬ 
tion,  or  meetings  for  reading  and  discussion  of 
papers  and  to  that  end  to  cooperate  with  the 
University  of  Illinois ; 

And  generally  to  discharge  the  rights,  powers 
and  duties  of  the  former  State  Mining  Board, 
State  Mine  Inspectors,  and  Mine  Fire  Fighting 
and  Rescue  Station  Commission.  (Sec.  45,  Code.) 

11,  Mining  Board. 

The  duties  of  the  re-created  Mining  Board  are 
specifically  enumerated  by  the  Code  as  follows : 

Hold  meetings ; 

Conduct  examinations  for  and  pass  upon  the 
practical  and  technological  qualifications  of  the 
personal  fitness  of  inspectors  of  mines,  mine  man- 


10 


agers,  mine  examiners  and  hoisting  engineers ; 

Conduct  examinations  for  inspectors  of  mines 
the  second  Tuesday  in  September  annually  and  at 
such  times  as  may  be  necessary,  and  for  mine 
managers,  mine  examiners  and  hoisting  engineers 
at  such  times  and  places  as  will  afford  the  best 
facilities  to  the  greatest  number  of  candidates ; 

Announce  by  public  notice  of  the  time  and 
place  of  all  examinations ; 

Prescribe  uniform  rules,  conditions  and  regu¬ 
lations  for  all  authorized  examinations; 

Report  in  writing  to  the  Director  the  names 
of  the  successful  applicants  at  the  examinations 
for  the  positions ; 

®  Preserve  for  a  year  the  written  examination 
papers  and  other  documents  pertaining  thereto, 
and  allow  inspection  thereof  by  applicants,  and 
furnish  certified  copies  to  them ; 

Remove  for  statutory  reasons  inspector  of 
mines  or  cancel  certificate  of  mine  manager, 
mine  examiner  or  hoisting  engineer ; 

Supervise,  control  and  direct  the  State  mine 
inspection  service.  (Sec.  46,  Code.) 

The  Director  is  constituted  the  executive  officer  of 
the  IVIining  Board  and  is  charged  with  the  duty  to  exe¬ 
cute  its  orders,  rules  and  regulations  and  to  issue 
certificates  of  qualification  to  persons  certified.  (Sec. 
47,  Code.) 

Under  the  Fire  Fighting  Equipment  Act,  the 
Department  of  Mines  and  Minerals  is  required  to — 

Approve  chemical  fire  extinguishers  and 
hand-pump  buckets  required  to  be  provided  for  all 
mines,  underground  stables,  entries  or  passage¬ 
ways.  Sec.  2j,  m.) 

By  virtue  of  the  Mining  Law,  the  former  State 
Mining  Board,  in  addition  to  the  foregoing  duties,  was 
required  to — 


11 


Enforce  the  provisions  of  the  State  Mining 
law  (Sec.  lb)  ; 

Employ  such  persons  as  may  be  necessary  for 
the  proper  discharge  of  its  powers  and  duties ; 

Prescribe  standing  or  other  rules  for  the  con¬ 
trol  and  direction  of  its  officers,  State  mine  in¬ 
spectors  and  employees ; 

Grant  upon  proper  application  and  evidence 
permit  to  operate  a  second  motion  engine  (Sec. 
2f) : 

Preserve  the  record  of  names  and  addresses 
of  persons  certified  ( Sec.  3b )  ; 

Issue  citation  and  investigate  charges  against 
State  mine  inspectors  and  remove  them  if  charges 
are  true  (Sec.  3h)  ; 

Divide  the  State  into  twelve  inspection  dis¬ 
tricts  and  change  the  boundaries  whenever  neces¬ 
sary  without  changing  the  number  of  the  districts 
(Sec.  4)  ; 

Furnish  the  State  mine  inspectors  an  ane¬ 
mometer,  safety  lamp  and  such  other  instru¬ 
ments,  printing  matter  and  supplies  as  are  neces¬ 
sary  to  a  discharge  of  the  duties  of  inspector 
(Sec.  5d)  ; 

Require  State  mine  inspectors  to  make  at 
least  one  personal  examination  of  each  mine 
within  the  district  every  six  months  (Sec.  5e)  ; 

Order  additional  survey  of  mine  to  the  regu¬ 
lar  annual  survey ; 

Order  a  correct  survey  and  map  when  the  one 
made  is  materially  inaccurate  or  when  the  oper¬ 
ator  refuses  to  make  survey  or  map  (Sec.  7j,  k)  ; 

Prescribe  specifications  for  all  illuminating 
oils  or  other  illuminants  used  in  coal  mines 
(Sec.  18)  ; 

Furnish  certified  copies  of  papers  and  docu¬ 
ments  to  persons  interested  upon  payment  or 
tender  of  such  fees  as  are  paid  to  Circuit  Court 


12 


clerks  in  counties  of  second  class  for  similar  serv¬ 
ices  (Sec.  25c)  ; 

.  Collect,  summarize  and  compile  in  an  annual 
coal  mining  report  statistical  details  relating  to. 
coal  mining  in  the  State,  especially  in  relation  to 
vital,  sanitary,  commercial  and  industrial  condi¬ 
tions  and  to  the  permanent  prosperity  of  the  in- 
dustiT  (Sec.  lb)  ; 

Under  the  Fire  Fighting  Equipment  Act,  the 
former  State  Mining  Board  was  required  to — 

Cancel  and  revoke  certificates  of  competency 
of  mine  managers  who  violated  said  Act  and  have 
been  convicted  of  such  violation  (Sec.  7b)  ; 

The  Oil  and  Gas  Wells  Act  and  the  Powder  Act 
required  the  State  Mining  Board  to — 

Keep  on  file  statements  and  maps,  giving  the 
location  and  depth  of  wells  drilled  for  gas  or  oil 
required  to  be  filed  with  the  Mining  Board  by 
section  2  of  the  Oil  and  Gas  Wells  Act; 

Test  samples  of  black  powder  for  specific 
gravity  and  for  moisture  content  received  from 
State  Mining  Inspectors  under  section  4  of  the 
Powder  Act. 

12.  State  Mine  Inspectors. 

State  Mine  Inspectors,  under  the  Mining  law  of 
1911,  were  required  to — 

Approve  or  pass  upon  the  placing  of  a  tem¬ 
porary  mine  manager  or  of  a  mine  examiner  for 
a  period  not  exceeding  twenty-three  days  (Sec. 
3d,  e,  g)  ; 

Request  of  the  board  of  supervisors  or  county 
commissioners  for  the  appointment  of  a  county 
mine  inspector,  and  petition  the  county  court  for 
the  appointment  of  such  an  inspector  and  an 
appropriation  if  the  request  be  not  complied  with 
(Sec.  5b)  ; 


13 


Authorize,  in  writing,  county  mine  inspectors 
to  exercise  all  of  the  powers  and  duties  of  the 
State  Mine  Inspector  (Sec.  5h)  ; 

Make  personal  examinations  of  each  mine  in 
the  district  at  least  once  in  every  six  months,  or 
oftener  if  necessary  (Sec.  5e)  ; 

Measure  and  determine  the  amount  of  air 
passing  in  the  last  cross-cut  in  each  pair  of 
entries  in  pillar  and  room  mines  in  the  last  room 
of  each  division  in  long  wall  mines  and  at  the 
inlet  and  outlet  of  mines ; 

Compare  all  air  measurements  with  last  mine 
examiner’s  and  mine  manager’s  report  upon  the 
mine  examination  book ; 

Observe  that  the  legal  code  of  signals  be¬ 
tween  the  engineer  and  top  and  bottom  man  is 
established  and  conspicuously  posted  (Sec.  5f)  ; 

Require  the  taking  of  every  necessary  pre¬ 
caution  for  the  health  and  safety  of  workmen  in 
the  mines ; 

Demand  observance  of  provisions  and  re¬ 
quirements  of  Mining  law  (Sec.  5f)  ; 

Take  prompt  action  for  the  enforcement  of 
penalties  for  violations,  etc.  (Sec.  5f)  ; 

Obtain  an  order  from  the  circuit  court  to 
grant  permission  to  enter  mine  in  case  of  opera¬ 
tor’s  refusal  to  permit  inspection  (Sec.  5h)  ; 

Post  at  the  landing  of  mines  in  a  conspicuous 
place  a  notice  stating  the  number  of  men  permit¬ 
ted  to  ride  on  the  cage  and  at  what  rate  of  speed, 
stating  what  is  necessary  for  the  better  protec¬ 
tion  of  the  miners,  and  giving  the  date  of  inspec¬ 
tion  under  his  signature  (Sec.  5i)  ; 

Report  in  writing  to  the  State  Mining  Board 
all  mine  inspections  (Sec.  5f)  ; 

Test  all  scales  used  for  the  "weighing  of  coal, 
call  attention  to  imperfections,  direct  overhaul¬ 
ing  if  necessary,  and  forbid  operation  during 
adjustment  (Sec.  5j)  ; 


14 


Furnish  blanks  to  operators  for  statistics  of 
wages  and  conditions  of  employees  (Sec.  5n)  ; 

Order  additional  survey  of  mine  to  the  regu¬ 
lar  annual  survey ; 

Order  a  correct  survey  and  map  when  the 
one  made  is  materially  incorrect  or  when  the 
operator  refuses  to  make  survey  or  map  (Sec. 
7j,  k)  ; 

Order  suitable  protection  against  dangers  at 
escapement  shafts  (Sec.  9d)  ; 

Pass  upon  the  size  of  refuge  places  (Sec. 

lOj)  ; 

Pass  in  writing  upon  the  number  of  safety 
lamps  required  at  each  mine  (Sec.  13a)  ; 

Order,  in  writing,  the  proper  quantity  of  air 
supply  for  each  mine  (Sec.  14a,  b,  1)  ; 

Approve  place  of  doors,  curtains  or  brattices 
(Sec.  14c)  ; 

Pass  upon  the  location  of  cross-cuts  between 
entries  (Sec.  14d)  ; 

Pass  upon  the  location  of  blind  pillars  (Sec. 
14e)  ; 

Pass  upon  the  necessity  of  using  safety  lamps 
(Sec.  14h)  ; 

Require  in  writing  the  placing  of  an  attend¬ 
ant  at  doors  through  which  less  than  three  driv¬ 
ers  are  hauling  coal  (Sec.  14k)  ; 

Sample  oils  used  for  illuminating  purposes 
and  send  to  State  Mining  Board  a  sample  of  oils 
suspected  of  being  inferior  to  specifications  (Sec. 
18d)  ; 

Order  in  writing  additional  mine  examiner 
when  necessary  (Sec.  21a)  ; 

Require  mine  to  be  examined  for  gas  at 
shorter  intervals  than  eight  hours  preceding  com¬ 
mencement  of  work  by  day  shift  (Sec.  21b)  ; 

Investigate,  assist  promptly,  attend  and  take 
part  at  inquest  in  case  of  personal  injuries  or  loss 
of  life  through  mine  accidents  (Sec.  25a,  b,  c)  ; 


15 


Furnish  proper  blanks  to  mine  operators 
upon  which  to  report  deaths  and  personal  injuries 
(Sec.  25a)  ; 

Stop  operation  of  mine  and  remove  offending 
person  whenever  mine  is  operated  in  disregard  of 
law  (Sec.  291) )  ; 

Annually  within  sixty  days  of  June  30,  re¬ 
port  to  the  Mining  Board  all  acts  performed  and 
duties  discharged  within  preceding  year,  and 
recommend  appropriate  legislation  (Sec.  51). 

By  the  Miners’  Wages  Act,  the  State  Mine  In¬ 
spector  was  required  to — 

Ascertain  whether  said  Act  is  violated  with 
reference  to  the  manner  in  which  wages  are  paid ; 

Institute  suit  promptly  in  case  of  violation 
(Sec.  2). 

Under  the  Fire  Fighting  Equipment  Act,  the  State 
Mine^  Inspector  was  required  to — 

File  a  sworn  complaint  against  any  person 
who  violated  said  Act  (Sec.  7e,  d). 

By  the  Explosive  and  Blasting  Act,  the  State 
Mine  Inspector  was  required  to — 

Sample  explosives  used  for  blasting  purposes 
(Sec.  2)  ; 

Send  samples  to  the  United  States  Bureau 
of  Mines  to  test  for  content  (Sec.  3)  ; 

Approve  plans  for  the  construction  of  maga¬ 
zines  for  storing  of  explosives  (Sec.  G)  ; 

Under  the  Powder  Act,  the  State  Mine  Inspector 
was  required  to — 

Sample  black  blasting  powder  used  for  blast¬ 
ing  purposes ; 

Send  samples  to  the  State  Mining  Board  to 
be  tested  (Sec.  4)  ; 

The  Washrooms’  Act  requires  the  State  Mine 
Inspector  to — 

Inspect  washrooms  and  report  in  writing  to 
the  owner  or  operator  its  physical  and  sanitary 


16 


condition,  recommending  such  changes  as  may  be 
necessary  (Sec.  3). 

By  the  Information  Act,  the  State  Mine  Inspec¬ 
tor,  under  the  direction  of  the  State  Geologist  and  at 
such  times  and  in  such  manner  as  not  to  interfere 
with  his  primary  duties  as  inspector  of  mines,  is  re¬ 
quired  to — 

Procure  a  true  record  of  the  various  strata 
through  which  coal  shafts  are  sunk,  or  borings 
of  coal,  oil,  gas  or  artesian  water  are  made ; 

Determine  the  altitude  of  the  top  of  said 
shafts  or  bore  holes,  above  some  specified  point 
on  the  nearest  railroad,  or  other  readily  ascer¬ 
tained  elevation ; 

Determine  the  dip  of  the  coal  stratum  in  all 
mines ; 

Report  results  of  observations  from  time  to 
time  to  the  State  Geologist  (Sec.  1). 

IS.  Miners"  Examining  Board.* 

The  powers  and  duties  of  the  Miners’  Examining 
Board  are  to — 

Hold  monthly  examinations  in  at  least 
twelve  convenient  places  in  the  State  for  persons 
desiring  to  engage  in  coal  mining ; 

Give  not  less  than  seven  days’  public  notice 
of  such  examinations,  designating  the  time  and 
place  (Sec.  6)  ; 


*The  Miners’  Examining  Board  created  by  the  Cod^  is  to 
administer  in  its  name,  without  any  direction,  supervision  or 
control  by  the  Director,  or  by  the  Mining  Board,  the  act 
entitled  “An  Act  to  provide  for  the  safety  of  persons  em¬ 
ployed  in  and  about  coal  mines,  and  to  provide  for  the 
examination  of  persons  seeking  employment  therein,  in  order 
that  only  competent  persons  may  be  employed  as  miners, 
and  to  create  a  Board  of  Examiners  for  this  purpose  and  to 
provide  a  penalty  for  the  violation  of  the  same,  and  to  re¬ 
peal”  a  certain  act  therein  named,  approved  June  27,  1913, 
and  all  amendments  thereto.  (Sec.  48,  Code.) 


17 


Collect- a  fee  of  $2.00  for  miner’s  certificates 
and  pay  same  over  to  the  State  Treasurer  on  the 
10th  of  each  month  following  (Sec.  7)  ; 

Examine  under  oath  applicants  as  to  their 
previous  experience  as  miners  (Secs.  8  and  12)  ; 

Issue  certificates  of  competency  signed  by  at 
least  two  members  of  the  board  and  sealed  with 
its  seal,  only  when  an  applicant  has  had  two  or 
more  years  practical  experience  as  a  miner  and 
has  answered  intelligently  and  accurately  at  least 
twelve  practical  questions  concerning  the  require¬ 
ments  and  qualifications  of  a  practical  miner ; 

Keep  an  accurate  and  detailed  account  and 
public  record  of  the  board’s  proceedings  (Sec.  8)  ; 

Report  violation  of  Act  to  State’s  attorney 
of  the  proper  county  (Sec.  11)  ; 

Annually  on  the  first  of  March  report  to  the 
Governor  regarding  the  work  done  for  the  year 
preceding  and  recommend  improved  methods  for 
holding  examinations  (Sec.  9). 

14.  Mine  Fire  Fighting  and  Rescue  Station 
Commission, 

The  Mine  Fire  Fighting  and  Rescue  Station  Com¬ 
mission,  under  the  Rescue  Station  Act,  was  required 
to — 

Provide  by  purchase  or  acquire  through  gift 
suitable  site^  for  rescue  stations  to  serve  the 
northern,  the  central,  and  the  southern  coal  fields 
of  1;he  State,  and  to  equip  the  same  ( Secs.  1 
and  3) ; 

Cooperate  with  operators,  miners  and  Fed¬ 
eral  organizations  in  mine  rescue  work  (Sec.  3)  ; 

Supervise  the  work  at  each  of  the  three  sta- 
,  tions ; 

Purchase  all  the  necessary  supplies ; 

•  Provide  for  an  attendant  to  be  on  duty  at 
each  station  night  and  day; 


18 


Keep  an  account  and  record  of  rescue  work 
and  expenditure  (Sec.  7)  ; 

HiennualJy  report  to  the  Governor  concerning 
mine  rescue  service  performed  and  money  ex¬ 
pended  ( Sec.  8 ) . 


10 


LAWS. 


MINING  LxiW.* 

An  Act  to  revise  the  laws  in  relation  to  the  coal 
mines  and  subjects  rclatin<j  thereto,  and  provid- 
iny  for  the  health  and  safety  of  persons  employed 
therein.  Approved  June  6,  1911,  in  force  July  1, 
1911.  L.  1911,  p.  388. 

State  Mininy  Board,  Appointment,  Salary,  Poivers 
and  Duties,  Aleetinys,  Exammatiems,  Rules  and 
Reyulations. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represefited  in  the  General  Assem¬ 
bly:  (a)  That  the  Governor,  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  a  State  Mining 
Board,  which  shall  be  composed  of  five  members,  two 
of  whom  shall  be  practical  coal  miners,  one  a  prac¬ 
ticing  coal  mine  hoisting  engineer,  and  two  coal 
operators. t 

Powers  and  duties  of  board.]  (b)  Said  board 
shall  be  authorized,  empowered  and  required  to  make 
formal  inquiry  into  and  pass  upon  the  practical  and 
technological  qualifications  and  personal  fitness  of 
men  seeking  appointment  as  State  inspectors  of 
mines,  and  of  those  seeking  certificates  of  competency 
as  mine  managers,  as  hoisting  engineers  and  as  mine 
examiners.  Said  board  also  shall  have  such  other  pow- 

*This  act  is  al^o  referred  to  as  the  “Mine  and  Miners' 
Act.” 

tThose  portions  of  this  section  which  refer  to  the  estab¬ 
lishment  of  a  State  Mining  Board,  its  organization,  and  the 
salary  of  the  members  are  superseded  by  the  provisions  of 
the  Civil  Administrative  code,  creating  a  similar  Board.  ' 


V 


20 


t 


ers  and  duties  as  may  be  prescribed  by  the  provisions 
of  this  Act,  or  any  other  Act  relating  to  coal  mining. 
Said  board  also  shall  control  and  direct  the  State 
mine  inspectors  hereinafter  provided  for,  in  the  dis¬ 
charge  of  their  duties,  and  shall  have  the  power  and 
shall  in  person  and  through  the  State  mine  inspectors, 
see  that  all  the  provisions  pf  the  State  mining  law  are 
enforced.  Said  board  also  shall  cause  to  be  collected 
statistical  details  relating  to  coal  mining  in  the  State, 
especially  in  its  relation  to  the  vital,  sanitary,  com¬ 
mercial  and  industrial  conditions,  and  to  the  perma¬ 
nent  prosperity  of  said  industry ;  and  said  board  shall 
cause  such  statistical  details  to  be  compiled  and  sum¬ 
marized  as  a  report  of  said  State  Mining  Board,  to  be 
known  as  the  annual  coal  report. 

Date  and  term  of  appointment.]  (c)  Their 
appointment  shall  date  from  July  1,  1911,  and  they 
shall  serve  for  a  term  of  two  years,  or  until  their  suc¬ 
cessors  are  appointed  and  qualified.  They  shall  also 
be  sworn  to  a  faithful  performance  of  their  duties. 
One  of  the  coal  operators  member  of  said  board  shall 
be  elected  as  president  and  one  of  the  coal  miners 
member  of  said  board  shall  be  elected  as  secretary. 
The  board  may  appoint  a  chief  clerk  and  may  employ 
such  other  persons  as  may  be  necessary  for  the  proper 
discharge  of  its  powers  and  duties ;  all  of  whom  shall 
perform  such  duties  as  may  be  prescribed  by  the 
board  from  time  to  time,  and  the  board  may  from 
time  to  time  also  prescribe  standing  and  other  rules 
for  the  control  and  direction  of  its  officers  and  em¬ 
ployees  and  of  the  State  mine  inspectors. 

Supplies  furnished  by  secretary  of  state.] 
(d)  The  Secretary  of  State  shall  assign  to  the  use  of 
the  board  suitably  furnished  rooms  in  the  State 
House,  and  shall  also  furnish  whatever  blanks,  blank 
books,  printing,  stationery,  instruments  and  supplies 
the  board  may  require  in  the  discharge  of  its  duties, 
and  for  the  use  of  State  mine  inspectors. 


21 


Frequency  of  meetings.]  (e)  The  board  shall 
hold  such  meetings  from  time  to  time  as  may  be 
necessary  for  the  proper  discharge  of  its  duties.  The 
hoard  shall  meet  at  the  Capitol  on  the  second  Tues¬ 
day  in  September  of  the  year  1911,  and  annually 
thereafter,  for  the  examination  of  candidates  for  ap¬ 
pointment  as  State  inspectors  of  mines.  Special 
examinations  also  may  be  held  whenever  for  any 
reason  it  may  become  necessary  to  appoint  one  or 
more  inspectors. 

For  the  examination  of  persons  seeking  certifi¬ 
cates  of  competency  as  mine  managers,  hoisting  engi¬ 
neers  and  mine  examiners,  the  board  shall  hold  meet¬ 
ings  at  such  times  and  places  within  the  State  as 
shall,  in  the  judgment  of  the  members,  afford  the  best 
facilities  to  the  greatest  number  of  candidates. 

Public  notice  shall  be  given  through  the  press  or 
otherwise,  not  less  than  ten  days  in  advance,  an¬ 
nouncing  the  time  and  place  at  which  any  examina¬ 
tions  under  this  section  are  to  be  held. 

Rules  of  procedure.]  (f)  The  examination 
herein  provided  for  shall  be  conducted  under  rules, 
conditions  and  regulations  prescribed  by  the  board. 
Such  rules  shall  be  made  a  part  of  the  permanent 
record  of  the  board,  and  such  of  them  as  relate  to 
candidates  shall  be,  upon  application  of  any  candi¬ 
date,  furnished  to  him  by  the  board ;  they  shall  also 
be  of  uniform  application  to  all  candidates. 

Compensation  of  members — salary  of  chief 
CLERK.]  (g)  The  members  of  the  State  Mining  Board 
shall  receive  as  compensation  for  their  services  the 
sum  of  five  dollars  ($5)  each  per  day  for  a  term  not 
exceeding  one  hundred  (100)  days  in  any  one  year, 
and  whatever  sums  are  necessary  to  reimburse  them 
for  such  actual  and  necessary  traveling  expenses  as 
may  be  incurred  in  the  discharge  of  their  duties. 

The  salary  of  the  chief  clerk  shall  be  $2,000  per 
annum,  and  he  shall  be  reimbursed  for  any  amounts 


22 


expended  for  actual  and  necessary  traveling  expenses 
in  the  discharge  of  his  duties. 

All  salaries  and  expenses  of  the  board  and  of  its 
employees  shall  be  paid  upon  vouchers  duly  sworn  to 
by  each  and  approved  by  the  president  of  the  board, 
or  in  his  absence  by  the  acting  president,  and  by  the 
Governor,  and  the  Auditor  of  Public  Accounts  is 
hereby  authorized  to  draw  his  w^arrants  on  the  State 
treasury  for  the  amounts  thus  shown  to  be  due,  pay¬ 
able  out  of  any  money  in  the  treasury  not  otherwise 
appropriated.  (Amended  by  Act  approved  June  27, 
1913,  in  force  July  1,  1913.  L.  1913,  p.  411.) 

Registration  for  Examination,  Credentials,  Qualifica¬ 
tion,  Cei'tification,  Examination  Papers. 

§2.  (a)  An  applicant  for  any  certificate  herein 
provided  for,  before  being  examined,  shall  register  his 
name  with  the  State  Mining  Board  and  file  with  the 
board  the  credentials  required  by  this  Act,  to-wit :  An 
affidavit  as  to  all  matters  of  fact  establishing  his  right 
to  receive  the  examination,  and  a  certificate  of  good 
character  and  temperate  habits,  signed  by  at  least  ten 
residents  of  the  community  in  which  he  resides. 

Examination  for  inspectors.]  (b)  Each  appli¬ 
cant  for  a  certificate  of  competency  as  State  Inspector 
of  Mines  shall  produce  evidence  satisfactory  to  the 
board  that  he  is  a  citizen  of  this  State,  at  least  thirty 
years  of  age,  that  heJias  had  a  practical  mining  ex¬ 
perience  of  ten  years,  of  which  at  least  two  years  shall 
have  been  in  the  State  of  Illinois,  and  that  he  is  a 
man  of  good  repute  and  temperate  habits ;  he  shall 
pass  an  examination  as  to  his  practical  and  technolog¬ 
ical  knowledge  of  mine  surveying  and  mining  machin¬ 
ery  and  appliances,  of  the  proper  development  and 
operation  of  coal  mines,  of  ventilation  in  mines,  of  the 
nature  and  properties  of  mine  gases,  of  first  aid  to 
injured,  of  mine -rescue  methods  and  appliances,  of  the 


23 


.i<eoloj?y  of  coal  measures  in  this  State,  and  of  the  laws 
of  tills  State  relating  to  coal  mines. 

Names  certified  to  the  governor.]  (c)  At  the 
close  of  each  examination  for  inspectors  the  hoard 
shall  certify  to  the  Governor  the  names  of  all  candi¬ 
dates  who  have  received  a  rating  above  the  minimum 
fixed  by  the  rules  of  the  hoard  as  being  persons  prop¬ 
erly  qualified  for  the  position  of  inspector. 

Examination  for  mine  manager.]  (d)  Each 
applicant  for  a  certificate  of  competency  as  mine 
manager  shall  produce  evidence  satisfactory  to  the 
hoard  that  he  is  a  citizen  of  the  United  States,  at 
least  twenty-four  years  of  age,  that  he  has  had  at 
least  four  years’  practical  mining  experience,  and  that 
he  is  a  man  of  good  repute  and  temperate  habits ;  he 
shall  also  pass  such  examination  as  to  his  experience 
in  mines  and  in  the  management  of  men,  his  knowl¬ 
edge  of  mine  machinery  and  appliances,  the  use  of 
surveying  and  other  instruments  used  in  mining,  the 
properties  of  mine  gases,  the  principles  of  ventila¬ 
tion,  of  first  aid  to  injured,  of  mine  rescue  methods 
and  appliances,  and  the  legal  duties  and  responsibil¬ 
ities  of  mine  managers,  as  shall  be  prescribed  by  the 
rules  of  the  board. 

For  mine  managers,  second  class.]  (d)  Each 
applicant  for  certificate  of  competency  as  mine  man¬ 
ager,  second  class,  shall  produce  evidence  satisfactory 
to  the  board  that  he  is  a  citizen  of  the  United  States, 
at  least  twenty-four  years  of  age,  that  he  has  had  at 
least  four  years’  practical  mining  experience,  and  that 
he  is  a  man  of  good  repute  and  temperate  habits.  He 
shall  also  submit  to  and  satisfactorily  pass  such  an 
examination  as  to  his  experience  in  mines  and  in  the 
management  of  men,  his  knowledge  of  coal  mining, 
mine  ventilation  and  the  mining  laws  of  this  State 
and  the  required  duties  and  responsibilities  of  second- 
class  mine  managers,  as  shall  be  prescribed  by  the 
rules  of  the  board,  and  it  shall  be  unlawful  to  employ 


24 


second-class  mine  managers,  or  for  them  to  serve  in 
that  capacity  at  mines  employing  more  than  ten  men. 

Examinations  for  mine  examiners.]  (e)  Each 
applicant  for  a  certificate  of  competency  as  mine 
examiners  shall  produce  evidence  satisfactory  to  the 
board  that  he  is  a  citizen  of  the  United  States,  at 
least  twenty-one  years  of  age  and  of  good  repute  and 
temperate  habits  and  that  he  has  had  at  least  four 
years’  practical  mining  experience.  He  shall  pass  an 
examination  as  to  his  experience  in  mines  generating 
dangerous  gases,  his  practical  and  technological 
knowledge  of  the  nature  and  properties  of  fire-damp, 
the  laws  of  ventilation,  the  structure  and  use  of  safety 
lamps,  and  the  laws  of  this  State  relating  to  safe¬ 
guards  against  fires  from  any  source  in  mines.  He 
shall  also  possess  a  knowledge  of  first  aid  to  injured 
and  of  mine  rescue  methods. 

Examination  for  hoisting  engineers.]  (f) 
Each  applicant  for  a  certificate  of  competency  as 
hoisting  engineer  shall  produce  evidence  satisfactory 
to  the  board  that  he  is  a  citizen  of  the  United  States, 
at  least  twenty-one  years  of  age,  that  he  has  had  at 
least  two  years’  experience  as  fireman  or  engineer  of 
hoisting  plant,  and  is  of  good  repute  and  temperate 
habits.  He  shall  pass  an  examination  as  to  his  experi¬ 
ence  in  handling  hoisting  machinery,  and  as  to  his 
practical  and  technological  knowledge  of  the  construc¬ 
tion,  cleaning  and  care  of  steam  boilers,  the  care  and 
adjustment  of  hoisting  engines,  the  management  and 
deficiency  of  pumps,  ropes  and  winding  apparatus, 
and  as  to  his  knowledge  of  the  laws  of  this  State  in 
relation  to  signals  and  the  hoisting  and  lowering  of 
men  at  mines. 

The  State  Mining  Board  shall  have  power  to 
grant  a  permit  to  operate  a  second  motion  engine  at 
any  mine  employing  not  more  than  ten  men,  to  any 
person  recommended  to  the  board  by  the  State  Mine 
Inspector  of  the  district :  Provided,  that  the  applicant 
for  such  permit  shall  have  filed  with  the  State  Mining 


25 


Board  satisfactory  evidence  that  he  is  a  citizen  of  the 
United  States,  that  he  has  had  at  least  one  year’s 
experience  in  operating  a  steam  engine  and  steam 
boiler  and  understands  the  handling  and  care  of  the 
same.  Such  application  shall  he  accompanied  by  a 
statement  from  at  least  three  persons  who  will  testify 
from  their  personal  knowledge  of  the  applicant  that 
he  is  a  man  of  good  repute  and  j^ersonal  habits,  and 
that  he  has,  in  their  judgment,  a  knowledge  of  and 
experience  in  handling  boilers  and  engines  as  required 
in  this  section.  Such  i)ermit  shall  apply  only  to  the 
mine  for  which  it  was  issued. 

Examination  papers  preserved.]  (g)  There  shall 
be  written  and  an  oral  examination  of  applicants  as 
may  be  prescribed  by  the  rules  of  the  board ;  and  all 
written  examination  papers  and  all  other  papers  of 
applicants  shall  be  kept  on  file  by  the  board  for  not 
less  than  one  year,  during  which  time  any  applicant 
shall  have  the  right  to  inspect  his  said  papers  at  all 
reasonable  times ;  and  any  applicant  shall  be  entitled 
to  certified  copy  of  any  or  all  of  his  said  papers  upon 
payment  of  a  reasonable  copy  fee  therefor.  (Amended 
by  act  approved  June  28,  1915,  in  force  July  1,  1915. 
L.  1915,  p.  505.) 

Certificate  of  Competency,  Requisites,  Records,  Un¬ 
lawful  Employment,  Temporary  Employment, 
Removal  of  Inspectors,  Cancellation  of  Certifi¬ 
cates, 

§  3.  ( a )  The  certificates  provided  for  in  this  Act 
shall  be  issued  under  the  signature  and  seal  of  the 
State  Mining  Board,  to  all  those  who  receive  a  rating 
above  the  minimum  fixed  by  the  rules  of  the  board ; 
such  certificates  shall  contain  the  full  name,  age  and 
place  of  birth  of  the  recipient  and  the  length  and 
nature  of  his  previous  service  in  or  about  coal  mines. 

Record  to  be  preserved.]  (b)  The  board  shall 
make  and  preserve  a  record  of  the  names  and  ad¬ 
dresses  of  all  persons  to  whom  certificates  are  issued. 


26 


Effect  of  certificates.]  (c)  The  certificates 
provided  for  in  this  Act  shall  entitle  the  holders 
thereof  to  accept  and  discharge  at  any  mine  in  this 
State,  the  duties  for  which  they  are  declared  quali¬ 
fied. 

Unla’wful  to  employ  other  than  certified  mine 
MANAGER.]  (d)  It  shall  be  unlawful  for  the  operator 
of  any  coal  mine  to  have  in  his  service  as  mine  man¬ 
ager  at  his  mine,  any  person  who  does  not  hold  a 
certificate  of  competency  issued  by  the  State  Mining 
Board  of  this  State :  Provided,  that  whenever  any 
exigency  arises  by  which  it  is  impossible  for  any 
operator  to  secure  the  immediate  services  of  a  certifi¬ 
cated  mine  manager,  he  may  place  any  trustworthy 
and  experienced  man  of  the  mine  inspection  district  in 
charge  of  his  mine  to  act  as  temporary  mine  manager 
for  a  period  not  exceeding  seven  days,  and  with  the 
approval  of  the  State  Inspector  of  the  district,  for  a 
further  period  not  exceeding  twenty-three  days. 

Unlawful  to  employ  other  than  certificated 
MINE  EXAMINERS.]  (e)  It  Shall  be  unlawful  for  the 
operator  of  any  mine  to  have  in  his  service  as  mine 
examiner  any  person  who  does  not  hold  a  certificate 
of  competency  issued  by  the  State  Mining  Board : 
Provided,  that  any  one  holding  a  mine  manager's 
certificate  may  serve  as  mine  examiner ;  but  in  any 
mine  employing  more  than  twenty-five  (25)  men,  the 
mine  manager  shall  not  act  in  the  capacity  of  mine 
examiner  while  acting  as  mine  manager ;  And,  pro¬ 
vided,  whenever  any  exigency  arises  by  which  it  is 
impossible  for  any  operator  to  secure  the  immediate 
services  of  a  certificated  examiner,  he  may  employ 
any  trustworthy  and  experienced  man  of  the  mine 
inspection  district  to  act  as  temporary  mine  examiner 
for  a  period  not  exceeding  seven  days,  and  with  the 
approval  of  the  State  Inspector  of  the  district,  for  a 
further  period  not  exceeding  twenty-three  days. 


27 


Unlawful  to  fjmploy  other  than  certificated 
HOISTING  ENGINEER.]  (f)  It  shall  1)6  unlawful  for  the 
operator  of  any  mine  to  permit  any  person  who  does 
not  hold  a  certificate  of  competency  as  hoisting  engi¬ 
neer  issued  by  the  State  Mining  Board,  to  hoist  or 
lower  men,  or  to  have  charge  of  the  hoisting  engine 
svhen  men  are  underground,  except  as  provided  in 
section  2,  paragraph  (f). 

Temporary  employment  of  uncertificated  per¬ 
sons  NOT  EXTENDED.]  (g)  The  employment  of  persons 
who  do  not  hold  certificates  as  mine  managers  and 
mine  examiners,  shall  in  no  case  exceed  the  limit 
of  time  specified  herein,  and  the  State  Inspector  shall 
not  approve  of  the  employment  of  such  persons  be¬ 
yond  the  twenty-three  day  limit. 

Removal  of  inspectors.]  (h)  Upon  a  petition 
signed  by  not  less  than  three  coal  operators,  or  ten 
coal  miners,  setting  forth  that  any  State  inspector  of 
mines  neglects  his  duties,  or  that  he  is  incompetent, 
or  that  he  is  guilty  of  malfeasance  in  office,  or  guilty 
of  any  act  tending  to  the  imlawful  injury  of  miners 
or  operators  of  mines,  it  shall  be  the  duty  of  the 
State  Mining  Board  to  issue  a  citation  to  the  said 
inspector  to  appear  before  it  within  a  period  of  fifteen 
days  on  a  day  fixed  for  said  hearing,  when  the  said 
board  shall  investigate  the  allegations  of  the  peti¬ 
tioners  ;  and  if  the  said  board  shall  find  that  the  said 
inspector  is  neglectful  of  his  duty,  or  is  incompetent, 
or  that  he  is  guilty  of  malfeasance  in  office,  or  guilty 
of  any  act  tending  to  the  injury  of  miners  or  opera¬ 
tors  of  mines,  the  said  board  shall  declare  the  office 
of  said  inspector  vacant,  and  a  properly  qualified  per¬ 
son  shall  be  duly  appointed,  in  the  manner  provided 
for  in  this  Act,  to  fill  said  vacancy. 

Cancellation  of  certificates.]  (i)  The  certifi¬ 
cate  of  any  mine  manager,  hoisting  engineer  or  mine 
examiner,  may  be  cancelled  and  revoked  by  the  State 
Mining  Board  upon  notice  and  hearing  as  hereinafter 
provided,  if  it  shall  be  established  in  the  judgment  of 


28 


said  board  that  the  holder  thereof  has  become  un¬ 
worthy  to  hold  said  certificate  by  reason  of  violation 
of  the  law,  intemperate  habits,  incapacity,  abuse  of 
authority  or  for  any  other  cause :  Provided,  that  any 
person  against  whom  charges  or  complaints  are  made 
Iiereunder  shall  have  the  right  to  appear  before  said 
board  and  defend  against  said  charges,  and  he  shall 
have  fifteen  days’  notice  in  writing  of  such  charges 
previous  to  such  hearing :  Provided,  further,  that  the 
board  in  its  discretion  may  suspend  the  certificate  of 
any  person  charged  as  aforesaid,  pending  such  hear¬ 
ing,  but  said  hearing  shall  not  be  unreasonably 
deferred.  (Amended  by  act  approved  June  28,  1915, 
in  force  July  1,  1915.  L.  1915,  p.  505.) 

Inspection  Districts. 

§  4.  The  State  shall  be  divided  into  twelve  inspec¬ 
tion  districts,  said  divisions  to  be  made  by  the  State 
Mining  Board.  The  board  may  also  change  from  time 
to  time  the  boundaries  of  said  districts  in  order  to 
more  equally  distribute  the  labor  and  expenses  of  the 
several  mine  inspectors,  but  this  provision  shall  not 
be  construed  as  authorizing  the  State  Mining  Board 
to  increase  the  number  of  districts. 

State  Mine  Inspector's,  Appointment;  County  Inspec¬ 
tors,  Appointment;  Power's  and  Duties;  Bond; 

Instruments;  Ea^aminations ;  Sealer  of  Weights; 

Annual  Report;  Reports  try  Operators. 

§  5.  (a)  From  the  names  certified  by  the  State 
Mining  Board,  the  Governor  shall  select  and  appoint 
twelve  State  mine  inspectors ;  that  is  to  say,  one  in¬ 
spector  for  each  of  the  twelve  inspection  districts 
provided  for  in  this  Act ;  or  more,  if,  in  the  future, 
additional  inspection  districts  shall  be  created,  and 
their  commissions  shall  be  for  a  term  of  two  years 
from  July  1,  Provided,  the  term  of  any  State  Mine 
Inspector  in  office  July  1,  1911,  shall  be  extended  to 
October  1,  1911 :  And,  provided,  any  State  inspector 


29 


in  actual  service  and  good  standing  and  who  has 
passed  one  examination  under  this  Act  may  ])e  reap¬ 
pointed  for  the  next  ensuing  term,  without  further 
certification,  but  shall  not  be  so  reappointed  more  tlian 
tliree  times :  Provided,  further,  no  man  shall  he  eligi¬ 
ble  for  appointment  as  a  State  inspector  of  mines  who 
lias  any  pecuniary  interest  in  any  coal  mine  in 
Illinois. 

(b)  The  board  of  supervisors  in  counties  under 
township  organization,  or  commissioners  in  counties 
not  under  township  organization  of  any  county  in 
which  coal  is  produced,  upon  the  written  request  of 
the  State  Inspector  of  Mines  for  the  district  in  which 
said  county  is  located,  shall  appoint  as  assistant  to 
such  State  inspector,  a  county  inspector  of  mines  who 
shall  work  under  the  direction  of  such  State  inspector, 
but  no  person  shall  be  eligible  for  appointment  as 
county  inspector  who  does  not  hold  a  State  certificate 
of  competency  as  mine  manager,  and  the  compensation 
of  such  county  inspector  shall  be  fixed  by  the  county 
board  at  not  less  than  five  dollars  per  day,  to  be  paid 
out  of  the  county  treasury. 

If  any  county  board  shall  fail  or  refuse  to  appoint 
a  suitable  person  as  county  mine  inspector,  or  to  make 
an  adequate  appropriation  for  such  county  mine  in¬ 
spector  when  appointed  within  ninety  days  after  the 
filing  of  a  written  request  by  the  State  Inspector  of 
Mines  in  and  for  the  district  in  which  such  county  is 
located,  then  the  State  Mine  Inspector  or  chief  clerk 
of  the  State  Mining  Board,  may  file  a  petition  verified 
by  oath  in  the  County  Court  of  such  county,  setting 
forth  the  condition  of  coal  mining  in  said  county 
which  requires  the  appointment  of  such  county  mine 
inspector,  the  request  in  writing  as  aforesaid  by  the 
State  Inspector,  and  the  failure  and  refusal  by  the 
county*  board  to  make  such  appointment  or  such  ap¬ 
propriation  as  the  case  may  be;  and  the  prayer  of 
such  petition  shall  be  that  the  judge  of  such  County 
Court  appoint  a  county  mine  inspector  or  order  the 


30 


county  board  to  make  such  appropriation ;  and  there¬ 
upon  such  County  Court  shall  cause  summons  to 
issue,  commanding  the  sheriff  of  the  county  that  he 
summon  the  county  board  to  be  and  appear  at  a  term 
of  court  therein  named,  returnable  as  summons  in  other 
suits  at  law,  and  to  show  cause,  if  any  there  be,  why 
such  county  mine  inspector  should  not  be  appointed  as 
prayed  in  such  petition ;  which  summons  may  be 
served  as  other  summons  in  which  a  corporation  is 
defendant ;  which  petition  and  any  answer  thereto 
may  be  set  down  for  hearing  before  such  County 
Court  at  an  early  date ;  and  if  upon  such  hearing  it 
shall  appear  to  the  court  that  sufficient  cause  has  not 
been  shown  why  such  county  mine  inspector  should 
not  be  appointed,  such  court  may  make  a  finding 
accordingly,  and  the  judge  thereof  may  make  such 
appointment ;  and  the  order  making  such  appointment 
shall  be  entered  of  record  in  the  cause  and  the  person 
so  appointed  shall  act  as  such  county  mine  inspector 
until  the  further  order  of  court  or  until  such  time,  not 
less  than  one  year  thereafter,  as  such  county  board 
shall  have  appointed  a  successor  to  the  person  ap¬ 
pointed  by  the  judge  of  such  court,  and  such  successor 
shall  have  qualified  to  act ;  and  the  judge  of-  such 
court  may  in  his  discretion  remove  the  inspector  by 
him  appointed  and  appoint  a  successor,  and  may  order 
the  county  board  from  time  to  time  to  make  an  ade¬ 
quate  appropriation  for  such  county  mine  inspector 
and  shall  have  power  to  punish  as  for  contempt  of 
court  any  disobedience  to  any  such  order. 

An  appeal  shall  lie  from  any  final  order  of  the 
County  Court  in  such  proceeding  to  the  Appellate 
Court  of  the  State,  but  the  operation  of  such  order 
shall  not  thereby  be  stayed  unless  by  an  order  made 
and  entered  by  such  Appellate  Court  or  some,  judge 
thereof. 

The  State  inspector  may  authorize  any  county 
inspector  in  his  district  to  assume  and  discharge  all 


31 


the  duties  and  exercise  all  the  powers  of  a  State 
inspector  in  the  county  for  which  he  is  appointed,  in 
the  absence  of  a  State  inspector ;  but  such  authority 
must  be  conferred  in  writing  and  the  county  inspector 
must  produce  the  same  as  evidence  of  his  powers  upon 
the  demand  of  any  person  affected  by  his  acts ;  and 
the  bond  of  said  State  inspector  shall  be  holden  for 
the  faithful  performance  of  the  duties  of  such  as¬ 
sistant  inspector. 

Bond.]  (c)  State  inspectors,  before  entering 
upon  their  duties  as  such  must  take  oath  of  office,  as 
provided  for  by  the  Constitution  and  enter  into  a  bond 
to  the  State  in  the  sum  of  five  thousand  dollars 
($5,000)  for  State  mine  inspectors,  with  sureties  to  be 
approved  by  the  Governor,  conditioned  upon  the  faith¬ 
ful  performance  of  their  duties  in  every  particular,  as 
required  by  this  Act.  Said  bonds,  with  the  approval 
of  the  Governor  endorsed  thereon,  together  with  the 
oath  of  oflSce,  shall  be  deposited  with  the  Secretary 
of  State. 

Instruments.]  (d)  The  State  Mining  Board 
shall  furnish  to  each  of  said  State  inspectors  an 
anemometer,  a  safety-lamp  and  such  other  instruments 
and  such  blanks,  blank-books,  stationery,  printing  and 
supplies  as  may  be  required  by  said  inspectors  in  the 
discharge  of  their  official  duties.  Said  instruments 
and  supplies  shall  be  paid  for  on  bills  of  particulars 
certified  by  the  proper  officers  of  the  board  and  ap¬ 
proved  by  the  Governor ;  and  the  Auditor  of  Public 
Accounts  shall  draw  his  warrants  on  the  State  treas¬ 
ury  for  the  amounts  thus  shown  to  be  due,  payable 
out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

Examination  of  mines.]  (e)  State  inspectors 
shall  devote  their  whole  time  and  attention  to  the 
duties  of  their  respective  offices.  State  inspectors  shall 
make  a  personal  examination  at  least  once  in  every 
six  months,  or  oftener  if  necessary,  of  each  mine  in 
their  district  in  which  ten  or  more  men  are  employed. 


32 


The  State  Mining  Board  also  may  require  State  in¬ 
spectors  personally  to  examine  any  or  all  other  mines 
in  their  respective  districts.  Every  mine  in  the  State 
shall  be  examined  at  least  once  in  every  six  months 
by  either  a  State  or  county  mine  inspector. 

Scope  of  examination.]  (f)  Every  State  inspec¬ 
tor  in  the  regular  inspection  of  mines  shall  measure 
with  an  anemometer  and  determine  the  amount  of  air 
passing  in  the  last  cross-cut  in  each  pair  of  entries  in 
pillar  and  room  mines,  or  in  the  last  room  of  each 
division  in  long  wall  mines.  He  shall  also  measure 
with  an  anemometer  and  determine  the  amount  of  air 
passing  at  the  inlet  and  outlet  of  the  mines ;  and  he 
shall  compare  all  such  air  measurements  with  the  last 
report  of  the  mine  examiner  and  the  mine  manager 
upon  the  mine  examination  book  of  the  mine.  He 
must  observe  that  the  legal  code  of  signals  between 
the  engineer  and  top  man  and  bottom  man  is  estab¬ 
lished  and  conspicuously  posted  for  the  information 
of  all  employees. 

State  inspectors  also  shall  require  that  every 
necessary  precaution  be  taken  to  insure  the  health 
and  safety  of  the  workmen  employed  in  the  mines, 
and  that  the  provisions  and  requirements  of  all  the 
mining  laws  of  this  State  are  obeyed. 

State  inspectors  shall  render  written  reports  of 
mine  inspections  made  by  them  to  the  State  Mining 
Board  in  such  form  and  manner  as  shall  be  required 
by  the  board.  State  inspectors  shall  take  prompt 
action  for  the  enforcement  of  the  penalties  provided 
for  violation  of  the  mining  laws. 

Authority  to  enter.]  (g)  It  shall  be  lawful  for 
State  inspectors  to  enter,  examine  and  inspect  any 
and  all  coal  mines  and  the  machinery  belonging 
thereto,  at  all  reasonable  times,  by  day  or  by  night, 
but  so  as  not  to  unreasonably  obstruct  or  hinder  the 
working  of  such  coal  mine,  and  the  operator  of  every 
such  coal  mine  is  hereby  required  to  furnish  all  neces- 


33 


sary  facilities  for  making  such  examination  and  in¬ 
spection. 

Procedure  in  case  of  objection.]  (h)  If  any 
operator  shall  refuse  to  permit  such  inspection  or  to 
furnish  the  necessary  facilities  for  making  such  ex¬ 
amination  and  inspection,  the  inspector  shall  file  his 
affidavit,  setting  forth  such  refusal,  with  the 
of  the  Circuit  Court  in  said  county  in  which  said 
mine  is  situated,  either  in  term  time  or  vacation,  or, 
in  the  absence  of  said  judge,  with  a  master  in  chan¬ 
cery  in  said  county  in  which  said  mine  is  situated, 
and  obtain  an  order  on  such  owner,  agent  or  operator 
so  refusing  as  aforesaid,  commanding  him  to  permit 
and  furnish  such  necessary  facilities  for  the  inspec¬ 
tion  of  such  coal  mine,  or  he  adjudged  to  stand  in 
contempt  of  court  and  punished  accordingly. 

Notice  to  be  posted.]  (i)  The  State  inspector 
shall  post  in  some  conspicuous  place  at  the  top  of 
each  mine  inspected  by  him.  a  plain  statement  show¬ 
ing  what  in  his  judgment  is  necessary  for  the  better 
protection  of  the  lives  and  health  of  persons  employed 
in  such  mine ;  such  statement  shall  give  the  date  of 
inspection  and  be  signed  by  the  inspector.  He  shall 
post  a  notice  at  the  landing  used  by  the  men,  stating 
what  number  of  men  will  be  permitted  to  ride  on  the 
cage  at  one  time  and  the  rate  of  speed  at  which  men 
may  be  hoisted  and  lowered  on  the  cages. 

Sealer  of  weights.]  (j)  State  inspectors  are 
hereby  made  ex  officio  sealer  of  weights  and  measures 
in  their  respective  district,  and  as  such  are  empow¬ 
ered  to  test  all  scales  used  to  weigh  coal  at  coal 
mines.  Upon  the  written  request  of  any  mine  owner 
or  operator,  or  of  ten  coal  miners  employed  at  any 
one  mine,  it  shall  be  the  duty  of  the  inspector  to  test 
any  scale  or  scales  at  such  mine  against  which  com¬ 
plaint  is  directed,  and  if  he  shall  find  that  they  or  any 
of  them  do  not  weigh  correctly,  he  shall  call  the  at¬ 
tention  of  the  mine  owner  or  operator  to  the  fact,  and 
direct  that  said  scale  or  scales  be  at  once  overhauled 


34 


and  readjusted  so  as  to  indicate  only  true  and  exact 
weights,  and  he  shall  forbid  the  further  operation  of 
such  mine  until  such  scales  are  adjusted.  In  the 
event  that  such  tests  shall  conflict  with  any  test  made 
by  any  county  sealer  of  weights,  or  under  and  by 
virtue  of  any  municipal  ordinance  or  regulation,  then 
the  test  by  such  mine  inspector  shall  prevail. 

Test  weights.’]  (k)  For  the  purpose  of  carrying 
out  the  provisions  of  this  Act,  each  State  inspector 
shall  be  furnished  1)5’  the  State  with  a  complete  set 
of  standard  weights  suitable  for  testing  the  accuracy 
of  tract  (track)  scales  and  of  all  smaller  scales  at 
mines,  said  test  weights  to  be  paid  for  on  bills  of  par¬ 
ticulars,  certified  b5’  the  Secretary  of  State  and  ap¬ 
proved  by  the  Governor.  Such  test  weights  shall  re¬ 
main  in  the  custod5’  of  the  inspector  for  use  at  any 
point  witliin  his  district,  and  for  any  amounts  ex¬ 
pended  by  him  for  the  storage,  transportation  or 
handling  of  the  same,  he  shall  be  fully  reimbursed 
upon  making  entry  of  the  proper  items  in  his  expense 
voucher. 

Inspectors'  annual  reports.]  (1)  Each  State 
Inspector  of  Mines  shall,  within  sixty  days  after  June 
30  of  each  5’ear,  iirepare  and  forward  to  the  State 
Mining  Board  a  formal  report  of  his  acts  during  the 
5’ear  in  the  discharge  of  his  duties,  with  any  recom¬ 
mendations  as  to  legislation  he  may  deem  necessary 
on  the  subject  of  mining,  and  shall  collect  and  tabu¬ 
late  upon  blanks  furnished  by  said  board  all  desired 
statistics  of  mines  and  miners  within  his  district  to 
accompan5’  said  annual  report. 

liEPORTS  TO  BE  PUBLISHED.]  (m)  Ou  the  receipt 
of  said  inspectors’  reports  the  chief  clerk  of  the  State 
Mining  Board  shall  compile  and  summarize  the  same, 
to  be  included  in  the  report  of  said  board,  to  be 
known  as  the  annual  coal  report,  which  shall,  within 
four  months  thereafter,  be  bound,  printed  and  trans¬ 
mitted  to  the  Governor  for  the  information  of  the 
General  Assembly  and  the  public.  The  printing  and 


35 


binding:  of  said  reports  shall  be  provided  for  by  the 
Commissioners  of  State  Contracts  in  like  manner  and 
in  like  numbers  as  they  provide  for  the  publication  of 
other  otficial  reports  to  the  Governor. 

Reports  by  operator.]  (n)  Every  coal  operator 
shall,  within  thirty  days  after  June  30  of  each  year, 
furnish  to  the  State  Mine  Inspector  of  the  district,  on 
blanks  furnished  by  him  prior  to  said  June  30,  sta¬ 
tistics  of  the  wages  and  conditions  of  their  employees 
as  required  by  law.  The  failure  of  any  inspector  to 
forward  to  the  State  Mining  Board  his  formal  report, 
as  provided  in  paragraph  one  (1)  hereof,  or  the  fail¬ 
ure  of  any  coal  operator  to  furnish  to  the  State  Mine 
Inspector  of  the  district  the  statistics  provided  for 
lierein,  shall  be  adjudged  a  misdemeanor  and  be  sub¬ 
ject  to  a  fine  of  $100.  (Amended  by  Act  approved 
June  28,  1915;  in  force  July  1,  1915;  L.  1915,  p.  505.) 

Pay  of  Inspectors. 

§  6.  Repealed  by  implication.  ( See  Civil  Admin- 
instrative  Code.) 

Maps  and  Plans,  Copies,  Surveys,  Abandoned  Mines, 

Penalty. 

§  7.  ( a )  The  operator  of  every  coal  mine  in  the 
State  shall  make,  or  cause  to  be  made,  an  accurate 
map  or  plan  of  such  mine,  drawn  to  a  scale  not 
smaller  than  200  feet  to  the  inch.  All  measurements 
shall  be  in  feet  and  decimals  of  a  foot.  On  such 
maps  shall  appear  the  name  of  the  State,  county  and 
township  in  which  the  mine  is  located,  the  designa¬ 
tion  of  the  mine,  the  name  of  the  company  or 
owner,  the  certificate  of  the  mining  engineer  or  sur¬ 
veyor  as  to  the  accuracy  and  date  of  the  survey,  the 
north  point  and  the  scale  to  which  the  drawing  is 
made.* 


*The  provision  requiring  the  making  of  mine  maps  in  aid 
of  the  regulation  of  mines  is  within  the  constitutional  power 
of  the  legislature  to  establish  police  regulations  for  the 
operation  of  mines.  Daniels  v,  Hilgard  (1875,  77  Ill.  640.) 


36 


Surface  survey.]  (b)  Such  map  or  plan  shall 
accurately  show  the  surface  boundary  lines  of  the 
coal  rights  pertaining  to  each  mine,  and  all  sections 
or  quarter-section  lines  or  corners  within  the  same ; 
the  lines  of  town  lots  and  streets ;  the  tracks  and  side¬ 
tracks  of  all  railroads,  and  the  location  of  all  wagon 
roads,  rivers,  streams,  ponds,  location  and  depth  of 
holes  drilled  for  oil,  gas’  or  water  that  penetrate  a 
workable  coal  seam,  and  the  elevation  above  the  coal 
seam  of  any  stream  or  body  of  water  that  might 
eu danger  the  mine. 

Underground  survey.]  (c)  For  the  underground 
workings,  said  maps  shall  show  all  shafts,  slopes, 
tunnels  or  other  openings  to  the  surface  or  to  the 
workings  of  a  contiguous  mine ;  all  excavations, 
entries,  rooms  and  cross-cuts ;  the  location  of  the 
fan  or  furnace  and  the  direction  of  the  air  currents ; 
the  location  of  pumps,  hauling  engines,  engine  planes, 
abandoned  works,  fire  walls  and  standing  water ;  and 
the  outcrop  line  of  the  seam,  if  any,  on  the  property. 

The  general  outline  of  all  areas  in  which  pillars 
have  been  drawn  shall  be  indicated  on  the  map. 

Each  underground  map  also  shall  show,  in  feet 
and  decimals  thereof,  the  elevation  of  the  floor  of  the 
coal  at  reasonable  intervals  on  the  main  entries  and 
cross  entries  from  the  bottom  of  the  shaft  to  the  face 
of  the  workings  ;  such  elevations  shall  be  referred  to 
the  floor  of  the  coal  at  the  bottom  of  the  hoisting 
siiafr. 

Map  for  every  seam.]  (d)  A  separate  and  simi¬ 
lar  map,  drawn  to  the  same  scale,  shall  be  made  of 
each  and  every  seam,  which,  after  the  passage  of  this 
Act,  shall  be  worked  in  any  mine,  and  the  maps  of  all 
such  seams  shall  show  all  shafts,  inclined  planes  or 
other  passageways  connecting  the  same. 

Separate  maps-  for  the  surface.]  (e)  A  sep¬ 
arate  map  also  shall  be  made  of  the  surface  when¬ 
ever  the  surface  buildings,  lines  or  objects  are  so 
numerous  as  to  obscure  the  details  of  the  mine  work- 


37 


ings  if  drawn  upon  the  same  sheet  with  them,  and  in 
such  case  the  surface  map  shall  be  drawn  on  transpar¬ 
ent  cloth  or  paper,  so  that  it  can  he  laid  upon  the  map 
of  the  underground  workings,  and  thus  indicate  the 
relation  of  lines  and  objections  on  the  surface  to  the 
excavations  of  the  mine. 

The  dip.]  (f)  Each  map  shall  also  show  by 
profile  drawing  and  measurements,  in  feet  and  deci¬ 
mals  thereof,  the  rise  and  dip  of  the  seam  from  the 
bottom  of  the  shaft  in  either  direction  to  the  face  of 
the  workings. 

Copies  for  inspectors  and  recorders.]  (g)  The 
original  or  true  copies  of  all  such  maps  shall  be  kept 
in  the  office  at  the  mine,  and  one  true  copy  thereof 
shall  be  furnished  to  the  State  inspector  of  mines  for 
the  district  in  which  said  mine  is  located,  and  one 
shall  be  filed  in  the  office  of  the  recorder  of  the 
county  in  which  the  mine  is  located,  within  thirty 
days  after  the  completion  of  the  same.  The  maps  so 
delivered  to  the  inspector  and  to  the  recorder  shall 
remain  in  the  custody  of  said  inspector  and  recorder 
during  their  respective  terms  of  office,  and  be  deliv¬ 
ered  by  them  to  their  successors  in  office.  They  shall 
be  kept  at  the  ofllce  of  the  inspector  and  of  the  re¬ 
corder,  and  be  open  to  the  examination  of  all  persons 
interested  in  the  same,  but  such  examination  shall  be 
made  only  in  the  presence  of  the  inspector  or  the 
recorder.  Neither  the  inspector  nor  the  county 
recorder  shall  permit  any  copies  of  the  same  to  be 
made  without  the  written  consent  of ‘the  operator  or 
the  owner  of  the  property. 

The  county  recorder  shall  properly  index  such 
map  as  part  of  the  title  record  of  the  property  af¬ 
fected. 

A  copy  of  each  map  and  extensions  to  the  same 
shall  be  furnished  the  mine  rescue  station  commission 
for  use  in  connection  with  rescue  work  only. 

Annual  Surveys.]  (h)  An  extension  of  the  last 
preceding  survey  of  every  mine  in  active  operation 


38 


shall  be  made  once  in  every  twelve  months  prior  to 
July  1,  of  every  year,  and  the  results  of  said  survey, 
with  the  date  thereof  shall  be  promptly  and  ac¬ 
curately  entered  upon  the  original  maps  and  all  copies 
of  the  same,  so  as  to  show  all  changes  in  plan  or  new 
work  in  the  mine,  and  all  extensions  of  the  old  work¬ 
ings  to  the  most  advanced  face  or  boundary  of  said 
workings  which  have  been  made  since  the  last  preced¬ 
ing  survey.  The  State  inspector,  the  county  recorder 
and  the  rescue  station  commission  shall  be  furnished 
with  a  copy  of  the  said  extended  map  or  of  the  ex¬ 
tensions  to  said  map. 

Abandoned  mines.]  (i)  When  any  coal  mine  is 
worked  out  or  is  about  to  be  abandoned  or  indefinitely 
closed,  the  operator  of  the  same  shall  make,  or  cause 
to  be  made,  a  final  survey  of  such  mine ;  to  show  the 
entire  worked  out  area  when  the  mine  was  closed, 
and  the  results  of  the  same  shall  be  duly  extended  on 
all  maps  of  the  mines  and  copies  thereof  herein  re¬ 
quired  to  be  filed.  *  The  shaft,  slope  or  drift  opening 
into  any  such  abandoned  mine  shall  be  kept  securely 
enclosed. 

Special  survey.]  (j)  The  State  inspector  of 
mines,  or  the  State  Mining  Board,  may  order  a  survey 
to  be  made  of  the  workings  of  any  mine  in  addition  to 
the  regular  annual  survey,  the  results  to  be  extended 
on  the  maps  of  the  same  and  the  copies  thereof,  when¬ 
ever  the  safety  of  the  workmen,  unlawful  injury  to 
the  surface,  unlawful  encroachment  upon  adjoining 
property,  or  the  safety  of  an  adjoining  mine  re¬ 
quires  it. 

If  the  State  inspector  of  mines  or  the  State  Min¬ 
ing  Board  shall  believe  any  map  required  by  this  Act 
is  materially  inaccurate  or  imperfect,  the  State 
inspector  or  State  Mining  Board  is  authorized  to 
make,  or  cause  to  be  made,  a  correct  survey  and  map 
at  the  expenses  of  the  operator,  the  cost  recoverable 
as  for  debt,  provided  if  such  test  surveys  shows  the 
operator's  map  to  be  correct,  the  State  shall  be  liable 


39 


for  the  expense  incurred,  payable  in  such  manner  as 
other  State  accounts  incurred  l)y  the  State  Mining 
Board. 

Penalties  for  failure.]  (k.  If  an  operator  of 
any  mine  refuses  or  wilfully  neglects,  for  a  period  of 
three  months,  to  furnish  the  said  State  inspector,  the 
county  recorder  and  the  manager  of  the  rescue  sta¬ 
tions  the  map  or  plan  of  such  mine,  or  a  copy  thereof, 
or  of  the  extensions  thereto,  as  provided  for  in  this 
Act,  such  operator  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  on  conviction  thereof  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  in  the  discretion  of  the  court,  and  shall  stand 
committed  to  the  county  jail  until  such  fine  is  paid, 
and,  in  addition  thereto,  the  State  inspector  or  State 
Mining  Board  is  hereby  authorized  to  make,  or  cause 
to  be  made,  an  accurate  map  or  plan  of  such  mine  at 
the  expense  of  the  operator  thereof ;  and  the  cost  of 
the  same  may  be  recovered  by  law  from  the  operator 
in  the  same  manner  as  other  debts  by  suit,  in  the 
name  of  the  State  inspector  or  the  State  Mining 
Board,  and  for  his  or  its  use,  and  copies  of  the  same 
shall  be  filed  by  him  or  the  board,  one  each  with  said 
recorder  and  Mine  Rescue  Commission.  (Amended 
by  Act  approved  June  28,  1915 ;  in  force  July  1,  1915 ; 
L.  1915,  p.  505.) 

Sinking  Shafts,  Inspection. 

§  8.  (a)  Any  shaft  or  other  opening  in  process  of 
sinking,  or  driving,  for  the  purpose  of  mining  coal, 
shall  be  subject  to  the  inspection  of  the  State  in¬ 
spector  of  mines  for  the  district  in  which  said  shaft 
or  opening  is  located. 

(b)  Over  every  shaft  that  is  being  sunk  or  shall 
hereafter  be  sunk,  there  shall  be  a  safe  and  sub¬ 
stantial  structure  to  support  sheaves  or  pulley  ropes 
at  a  height  not  less  than  15  feet  above  the  tipping 
place.  The  landing  platform  of  such  shaft  shall  be  so 


40 


arranged  that  material  can  not  fall  into  the  shaft 
while  the  bucket  is  being  emptied  or  taken  from  the 
hoisting  rope.  If  provisions  are  made  to  land  a 
bucket  on  a  truck,  said  truck  and  platform  shall  be 
so  arranged  that  material  can  not  fall  into  the  shaft. 

(c)  Rock  or  coal  shall  not  be  hoisted  except  in  a 
bucket  or  on  a  cage  when  men  are  in  the  bottom  of 
the  shaft ;  and  said  bucket  or  cage  must  be  connected 
to  the  hoisting  rope  by  a  safety  hook,  clevis  or  other 
safety  attachment.  The  rope  shall  be  fastened  to  the 
side  of  the  drum  and  not  less  than  three  coils  of  rope 
shall  remain  on  the  drum.  In  shafts  over  100  feet  in 
depth,  suitable  provision  shall  be  made  to  prevent  the 
bucket  from  swinging  while  being  lowered  or  hoisted, 
and  guides  provided  for  this  purpose  shall  be  main¬ 
tained  at  a  distance  of  not  more  than  75  feet  from  the 
bottom  of  the  shaft. 

(d)  An  efficient  brake  shall  be  attached  to  the 
drum  of  the  engine  used  for  hoisting  in  shaft  sinking, 
and  the  drum  shall  be  provided  with  a  flange  on  each 
end  not  less  than  4  inches  in  height. 

(e)  Not  more  than  four  persons  shall  be  lowered 
or  hoisted  in  or  on  a  bucket  in  a  shaft  at  one  time, 
and  no  person  shall  ride  on  a  loaded  bucket. 

(f)  All  blasts  in  shaft  sinking  shall  be  exploded 
])y  electric  battery. 

(g)  Provisions  shall  also  be  made  for  the  proper 
ventilation  of  shafts  while  being  sunk. 

(h)  No  one  but  a  certificated  hoisting  engineer 
shall  be  in  charge  of  the  hoisting  engines  while  a 
shaft  is  being  sunk. 

Escapement  Shafts,  Cages,  Stairivays  and  Passage- 

icays,  Adjacent  Mines,  Communications,  Number 

of  Employees. 

§9.  (a)  For  every  coal  mine  in  this  State, 
whether  worked  by  shaft,  slope  or  drift,  there  shall 
be  provided  and  maintained,  in  addition  to  the  hoist¬ 
ing  shaft,  or  other  place  of  delivery,  an  escapement 


41 


shaft  or  opening  to  the  surface,  or  an  underground 
communicating  passageway  with  a  contiguous  mine, 
so  that  there  shall  be  at  least  two  distinct  and  avail¬ 
able  means  of  egress  to  all  persons  employed  in  such 
coal  mines. 

Distant  from  main  shaft.]  (b)  In  mines  sunk 
after  the  passage  of  this  Act,  the  first  escapement 
shaft  shall  be  separated  from  the  main  shaft  by  such 
extent  of  natural  strata  as  may  be  agreed  upon  by 
the  inspector  of  the  district  and  the  owner  of  the 
property,  but  the  distance  between  the  main  shaft 
and  the  escapement  shaft  shall  not  be  less  than  500 
feet  nor  more  than  2,000  feet ;  Provided,  that  in  mines 
employing  ten  (10)  men  or  less  the  distance  between 
the  hoisting  shaft  and  the  escapement  shaft  shall  not 
be  less  than  two  hundred  and  fifty  (250)  feet. 

Unlawful  to  employ  more  than  ten  men.]  (c) 
It  shall  be  unlawful  to  employ  underground,  at  any 
one  time,  more  men  than  in  the  judgment  of  the 
inspector  are  necessary  to  complete  speedily  the  con- 
.  nections  with  the  escapement  shaft  or  adjacent  mine ; 
and  said  number  must  not  exceed  ten  men  at  any  one 
time  for  any  purpose  in  said  mine  until  such  escape¬ 
ment  or  connection  is  completed. 

The  time  allowed  for  completing  such  escapement 
shaft  or  making  such  connections  with  an  adjacent 
mine,  as  is  required  by  the  terms  of  this  Act,  shall  be 
three  months  for  shafts  200  feet  or  less  in  depth,  and 
six  months  for  shafts  less  than  500  feet  and  more 
than  200  feet,  and  nine  months  for  all  other  mines, 
slopes  or  drifts,  or  connections  with  adjacent  mines. 
^The  time  to  date  in  all  cases  from  the  hoisting  of 
coal  from  the  hoisting  shaft :  Py'ovided,  that  in  mines 
employnig  ten  (10)  men  or  less,  the  time  for  com¬ 
pleting  the  escapement  shaft  shall  not  be  more  than 
six  months  from  the  time  of  hoisting  coal. 

Stairways  or  cages.]  (d)  The  escapement  shaft 
at  every  mine  opened  after  the  passage  of  this  Act 
shall  be  equipped  ^yith  a  substantial  stairway,,  set  at 


42 


an  angle  not  greater  than  forty-five  degrees,  which 
shall  be  provided  with  hand  rails  and  with  platforms 
or  landings  at  each  turn  of  the  stairway :  Provided, 
that  all  coal  mines  more  than  two  hundred  (200)  feet 
hi  depth,  opened  on  or  after  July  1,  1919,  the  escape¬ 
ment  shaft  shall  be  equipped  with  both  a  cage  and 
stairway :  Provided,  further,  that  if  the  coal  mine  is 
equipped  with  a  stairway  in  the  main  shaft,  no  stair¬ 
way  shall  be  required  in  the  escapement  shaft. 

If  any  escapement  shaft,  at  the  time  of  the  pas¬ 
sage  of  this  Act,  be  equipped  with  a  cage  for  hoisting 
men,  such  shaft,  cage  and  all  equipment  used  in  con¬ 
nection  therewith  must  conform  to  the  requirements 
of  this  Act  in  reference  to  the  hoisting  and  lowering 
of  men. 

Where  an  escapement  way  is  connected  to  a  com¬ 
partment  in  which  coal  is  hoisted  in  such  manner  that 
men  using  the  escapement  way  are  endangered  by 
falling  coal  or  by  themselves  falling  into  such  hoist¬ 
ing  compartment,  the  State  Mine  Inspector  shall  have 
powder  to  order  suitable  protection  against  such 
dangers. 

Passageways  to  escapement.]  (e)  Such  escape¬ 
ment  shaft  or  opening  or  communication  with  a  con¬ 
tiguous  mine  as  aforesaid,  shall  be  constructed  in  con¬ 
nection  with  every  seam  of  coal  worked  in  such  mine, 
and  all  passagew^ays  communicating  with  the  escape¬ 
ment  shaft  or  place  of  exit,  from  the  main  hauling 
ways  to  said  place  of  exit,  shall  be  maintained  fi*ee 
of  obstruction  at  least  5  feet  high  and  5  feet  wide. 
Such  passageways  must  be  so  graded  and  drained 
that  it  will  be  impossible  for  water  to  accumulate  in 
any  depression  or  dip  of  the  same  in  quantities  suf¬ 
ficient  to  obstruct  the  free  and  safe  passage  of  men. 
No  passageway  to  an  escapement  shaft  shall  pass 
through  a  stable.  At  all  points  where  the  passageway 
to  the  escapement  shaft  or  other  place  of  exit  is 
intersected  by  other  roadways  or  entries,  conspicuous 
signboards  shall  be  placed  indicating  the  direction  it 


43 


is  necessary  to  take  in  order  to  reach  such  place  of 
exit. 

Communications  with  adjacent  mines.]  (f) 
When  operators  of  adjacent  mines  have,  by  agree¬ 
ment,  established  underground  communications  be¬ 
tween  said  mines  as  an  escapement  outlet  for  the  men 
employed  in  both,  the  intervening  doors  shall  remain 
unlocked  and  readj^  at  all  times  for  immediate  use. 

AVhen  such  communication  has  once  been  estab¬ 
lished  between  contiguous  mines,  the  operator  of 
either  shall  not  close  the  same  without  the  consent  of 
the  operator  of  the  contiguous  mine  and  of  the  State 
inspector  for  the  district:  ProtHdcd,  that  when  either 
operator  desires  to  abandon  mining  operations  the 
expense  and  duty  of  maintaining  such  communication 
shall  devolve  upon  the  party  continuing  the  operations 
and  using  the  same.  (Amended  by  Act  approved  June 
28,  1915,  in  force  July  1,  1915.  L.  1915,  p.  505.) 

Gates,  Lights,  Hoisting  Equipnicnt,  Brakes,  Flanges, 

Rope  Fastenings,  Indieator,  Signals,  Gauges, 

Safety  Valves,  Boiler  Inspection,  Run-around, 

Refuge  Places,  Obstructions,  Inspection. 

§  10.  (a)  The  upper  and  lower  landing  at  the 

top  of  each  shaft,  and  the  opening  of  each  inter¬ 
mediate  seam  from  or  to  the  shaft,  shall  be  kept 
clear  and  free  from  loose  materials,  and  shall  l)e  pro¬ 
tected  with  automatic  or  other  gates,  such  gates  to  be 
of  good,  serviceable  construction  for  the  purpose  for 
which  they  are  designed,  namely,  to  prevent  either 
men  or  materials  from  falling  into  the  shaft.  At  the 
top  landing  cage  supports,  where  necessary,  must  be 
carefully  set  and  adjusted  so  as  to  securely  hold  the 
cage  when  at  rest. 

Lights  on  landings.]  (b)  Whenever  the  hoist¬ 
ing  or  lowering  of  men  occurs  before  daylight  or  after 
dark,  or  when  the  landing  at  which  men  take  or  leave 
the  cage  is  at  all  obscured  by  steam  or  otherwise, 
there  must  always  be  maintained  at  such  landing  a 


44 


light  sufficient  to  show  the  landing  and  surrounding 
objects  distinctly.  Likewise,  as  long  as  there  are  men 
underground  in  any  mine  the  operator  shall  maintain 
a  good  and  sufficient  light  at  the  bottom  of  the  shaft 
thereof,  so  that  persons  coming  to  the  bottom  may 
clearly  discern  the  cage  and  objects  in  the  vicinity. 

Hoistixg  equipment.]  (c)  Every  shaft  in  which 
men  are  hoisted  and  lowered  must  be  equipped  with  a 
cage,  or  cages,  fitted  to  guide-rails  running  from  the 
top  to  the  bottom.  Said  cages  must  be  safely  con¬ 
structed  ;  they  must  be  furnished  with  sheet-metal 
covers  adequate  to  protect  persons  riding  thereon 
from  falling  objects ;  they  must  be  equipped  with 
safety  catches.  Every  cage  on  which  persons  are  car¬ 
ried  must  be  fitted  with  iron  bars  or  rings  in  proper 
place  aud  sufficient  number  to  furnish  a  secure  hand¬ 
hold  for  every  person  permitted  to  ride  thereon.  There 
shall  be  attached  to  every  cage  on  which  men  are,  or 
may  be,  hoisted  or  lowered,  a  horn  or  other  device 
with  which  signals  can  be  given  on  the  cage.  Hoisting 
ropes  when  socketed  at  the  cage  shall  be  cut  off  and 
resocketed  at  least  once  each  six  months  and  a  notice 
shall  be  posted  in  the  engine  room  giving  the  date 
when  the  rope  was  installed  and  when  resocketed. 

(d)  In  connection  with  every  hoisting  engine 
used  for  hoisting  or  lowering  of  men  there  shall  be 
provided  as  follows  :  ^ 

Brake  on  drum.]  (1)  A  good  and  sufficient  brake 
on  the  drum,  so  adjusted  that  it  may  be  operated  by 
the  engineer  without  leaving  his  post  at  the  levers. 

Flanges.]  (2)  Flanges  attached  to  the  sides  of 
the  drum,  with  a  distance  when  the  whole  rope  is 
wound  on  the  drum  of  not  less  than  4  inches  between 
the  outer  layer  of  rope  and  the  greatest  diameter  of 
the  flange. 

Rope  fastenings.]  (3)  One  end  of  each  hoisting 
rope  shall  be  well  secured  on  the  drum,  and  at  least 
three  laps  of  the  same  shall  remain  on  the  drum  when 


45 


the  cage  is  at  rest  at  the  lowest  caging  place  in  the 
shaft. 

The  lower  .end  of  each  rope  shall  l)e  securely 
fastened  to  the  cage  by  suitable  sockets  and  chains. 

Indicator.]  (4)  An  index  dial  or  indicator  that 
plainly  shows  the  engineer  at  all  times  the  true  posi¬ 
tion  of  the  cages  in  the  shaft. 

Signals.]  (e)  At  every  mine  when  men  are 
hoisted  and  lowered  by  machinery  there  shall  be  pro¬ 
vided  means  of  signaling  to  and  from  the  bottom  man, 
the  top  man  and  the  engineer.  The  signal  system  shall 
consist  of  a  tube,  or  tubes,  or  wire  encased  in  wood  or 
iron  pipes,  through  which  signals  shall  be  communi¬ 
cated  by  electricity,  compressed  air  or  other  pneu¬ 
matic  devices,  or  by  ringing  a  bell.  When  compressed 
air  or  other  pneumatic  devices  are  used  for  signaling, 
provision  must  be  made  to  prevent  signal  from  re¬ 
peating  or  reversing.  The  following  signals  shall  be 
used  at  mines  w^here  signals  are  required : 

From  the  bottom  to  the  top :  One  ring  or  whistle 
shall  signify  to  hoist  coal  or  the  empty  cage,  and  also 
to  stop  either  when  in  motion. 

Two  rings  or  whistles  shall  signify  to  lower  cage. 

Three  rings  or  whistles  shall  signify  that  men  are 
coming  up  or  going  down ;  when  return  signal  is  re¬ 
ceived  from  the  engineer  the  men  shall  get  on  the 
cage  and  the  proper  signal  to  hoist  or  lower  shall  be 
given. 

Four  rings  or  whistles  shall  signify  to  hoist 
slowly,  implying  danger. 

Five  rings  or  whistles  shall  signify  accident  in 
the  mine  and  a  call  for  a  stretcher. 

Six  rings  or  whistles  shall  signify  hold  cage  per¬ 
fectly  still  until  signaled  otherwise. 

From  top  to  bottom,  one  ring  or  whistle  shall 
signify:  All  ready,  get  on  cage. 

Two  rings  or  whistles  shall  signify :  Send  away 
empty  cage. 


46 


Provided,  that  the  operator  of  any  mine  may, 
with  the  consent  of  the  inspector,  add  to  this  code  of 
signals  in  his  discretion.  The  code  of  signals  in  use 
at  any  mine  shall  be  conspicuously  posted  at  the  top 
and  at  the  bottom  of  the  shaft,  and  the  engine  room  at 
some  point  in  front  of  the  engineer  when  standing  at 
his  post. 

Gauge.]  (f)  Every  boiler  shall  be  provided  with 
a  glass  water  gauge  and  not  less  than  three  try  cocks 
and  also  a  steam  gauge,  except  that  where  two  or 
more  boilers  are  equipped  with  a  steam  drum  properly 
connected  with  the  boilers  to  indicate  the  steam  pres¬ 
sure  and  without  any  valves  between  said  boilers  and 
the  steam  drum,  the  steam  gauge  maj^  be  placed  in 
said  steam  drum ;  and  other  steam  gauge  shall  be  at¬ 
tached  to  the  steam  pipe  in  the  engine  house,  each  to 
be  placed  in  such  a  position  that  the  engineer  and  the 
fireman  can  readily  see  what  pressure  is  being  carried. 
Such  steam  gauges  shall  be  kept  in  good  order  and 
adjusted  and  be  tested  as  often,  at  least,  as  every  six 
months. 

Safety  valves.]  (g)  Every  boiler  shall  be  pro¬ 
vided  with  a  safety  valve  with  weights  or  springs 
properly  adjusted,  except  that  where  two  or  more 
boilers  are  equipped  with  a  steam  drum  properly  con¬ 
nected  with  the  boilers  to  indicate  the  steam  pressure 
and  without  any  valves  between  said  boilers  and  the 
steam  drum,  the  safety  valve  may  be  placed  in  said 
steam  drum. 

IxsPECTiox  OF  BOILERS.}  (h)  All  boilei’s  used  in 
generating  steam  in  and  about  coal  mines  or  sinking 
shafts  shall  be  kept  in  good  order,  and  the  operator 
of  every  coal  mine  where  steam  boilers  are  in  use 
shall  have  said  boilers  ’  thoroughly  examined  and  in¬ 
spected  by  a  competent  boilermaker  or  other  qualified 
person,  not  an  employee  of  said  operator,  as  often  as 
once  in  every  six  months,  and  oftener  if  the  mine 
inspector  shall  so  require  in  writing,  and  the  result  of 


47 


every  such  inspection  shall  ])e  reported  on  suitable 
blanks  to  said  mine  inspector. 

Run-around  at  BOTTo:Nr.]  (i)  x\t  every  under¬ 
ground  landing  where  men  enter  or  leave  the  cage 
and  where  men  must  pass  from  one  side  of  the  cage 
to  the  other  there  shall  be  a  safe  passageway,  free 
from  obstruction  and  dry  as  possible,  around  the 
shaft  not  less  than  three  feet  wide  for  the  use  of  men 
only ;  and  animals  or  cars  shall  not  be  taken  through 
such  passageway  while  men  are  passing  or  desirous 
of  passing  through  such  passageway. 

Refuge  place  on  shaft  bottom.]  (j)  A  refuge 
place  or  places  for  men  coming  out  at  the  close  of  the 
day’s  work  shall  be  provided  off  the  main  bottom  of 
cageroom  in  shaft  mines,  at  a  place  or  places  and  of 
such  size  as  shall  be  approved  by  the  State  Mine  In¬ 
spector.  Such  place  or  places  shall  ])e  not  more  than 
400  feet  from  the  shaft,  where  men  are  hoisted,  and 
shall  be  kept  free  from  loose  material.  When  leaving 
such  refuge  places  to  be  hoisted  out,  the  men  shall  be 
governed  by  the  rules  of  the  mine. 

Obstructions  in  shaft.]  (k)  Xo  accumulation 
of  ice  or  obstructions  of  any  kind  shall  be  permitted 
in  any  shaft  in  which  men  are  hoisted  or  lowered ; 
nor  shall  any  dangerous  gases  or  steam  be  discharged 
into  said  shaft  in  such  quantities  or  at  such  times  as 
to  interfere  with  the  safe  passage  of  men.  All  surface 
or  other  water  which  flows  therein  shall  be  conducted 
by  rings  or  otherwise  to  receptacles  provided  for  the 
same  in  such  manner  as  to  prevent,  water  from  falling 
upon  men  while  passing  into  ,or  out  of  the  mine  or 
while  in  the  discharge  of  their  duties  about  the  shaft 
bottom. 

Inspection.]  (1)  All  shafts  by  which  men  enter 
or  leave  the  mine,  and  the  passageways  leading 
thereto,  or  to  the  works  of  a  contiguous  mine  used  as 
an  escapement  shaft  shall  be  carefully  examined 
throughout  at  least  once  each  week  that  the  mine  is 
operating  and  the  date  and  flndings  of  such  an 


48 


examination  entered  promptly  in  the  books  kept  at 
the  mine  for  that  purpose.  A  daily  visit  to  the  bottom 
of  all  such  escapement  shafts  shall  be  made  by  the 
mine  examiner,  and  if  obstructions  to  the  free  passage 
of  men  are  found,  their  location  and  nature  shall  be 
stated  in  such  report.  Such  obstructions  shall  be 
promptly  removed.  (Amended  by  Act  approved  June 
28,  1915,  in  force  July  1,  1915.  L.  1915,  p.  505) 

Buildings,  Explosives,  Engine  and  Boiler  House. 

§  11.  (a)  After  the  passage  of  this  Act,  all  build¬ 
ings  and  structures  erected  over  a  shaft,  slope  or  drift 
mouth,  and  within  one  hundred  (100)  feet  of  the 
same  shall  be  of  metal,  rock,  clay,  cement,  clay  or 
cement  products,  or  a  combination  of  the  same.  All 
fan  houses,  tops  of  air  and  escape  shafts  and  fan 
drifts  shall  also  be  constructed  of  the  above  men¬ 
tioned  materials  or  a  combination  thereof.  In  connec¬ 
tion  with  above  construction,  wood  may  be  used  only 
for  floors,  windows,  doors,  or  the  frames  for  the 
same :  Provided,  that  this  paragraph  shall  not  apply 
to  mines  employing  ten  (10)  men  or  less. 

Oil  axd  other  explosives.]  (b)  No  oils  or  sim¬ 
ilarly  inflammable  materials  shall  be  stored  within 
one  hundred  (100)  feet  of  any  hoisting  or  escapement 
shaft,  nor  in  any  mine. 

All  lubricating  oil  used  in  coal  mines  shall  be 
contained  in  closed  receptacles.  In  the  mine,  oil  shall 
not  be  heated  over  a  Are  or  lamp. 

All  explosive  material  shall  be  stored  in  a  fire¬ 
proof  magazine  located  on  the  surface  not  less  than 
500  feet  from  all  other  buildings  in  connection  with 
the  mine,  and  such  magazine  shall  be  so  placed  as  not  , 
to  jeopardize  the  free  and  safe  exit  of  men  from  the 
mine  in  case  of  an  explosion  at  the  magazine. 

Engine  and  boiler-house.]  (c)  Any  building 
erected  after  the  passage  of  this  Act,  for  the  purpose 
of  housing  the  hoisting  engine  or  boilers  at  any  mine, 
shall  be  substantially  fireproof,  and  ho  boiler-house 


49 


shall  be  nearer  than  sixty  feet  to  the  main  shaft  or 
other  opening,  or  to  any  building  or  inflammable 
structure  connecting  therewith.  (Amended  by  Act 
approved  June  27,  1915,  in  force  July  1,  1915.  L.  1915, 
p.  411.) 

Top  mid  Bottom  Man,  Cages,  Speed  Regulations, 

Exits. 

§  12.  (a)  At  every  shaft  where  men  are  hoisted 
or  lowered  by  machinery,  the  operator  shall  station  at 
the  top  and  at  the  bottom  of  such  shaft  a  competent 
man  who  shall  be  and  is  hereby  charged  with  the  duty 
of  attending  to  signals,  and  is  empowered  to  preserve 
order  and  enforce  the  rules  governing  the  carriage  of 
men  on  cages.  Said  top  man  and  bottom  man  shall  be 
at  their  respective  posts  of  duty  at  least  half  an  hour 
before  the  hoisting  of  coal  begins  in  the  morning,  and 
remain  for  half  an  hour  after  the  hoisting  ceases  for 
the  day.* 

Speed  of  cages  and  other  regulations.]  (b) 
Cages  on  which  men  are  riding  shall  not  be  lifted  nor 
lowered  at  a  rate  of  speed  greater  than  six  hundred 
feet  per  minute,  except  with  the  written  consent  of 
the  inspector.  No  person  shall  carry  any  tools,  tim¬ 
ber  or  other  materials  with  him  on  ahy  cage  in 
motion,  except  for  use  in  repairing  the  shaft,  and  no 
one  shall  ride  on  a  cage  containing  either  a  loaded  or 
empty  car.  No  cage '  having  an  unstable  or  self¬ 
dumping  platform  shall  be  used  for  the  carriage  of 
men  or  materials,  unless  the  same  is  provided  with 
some  device  by  which  said  platform  can  be  securely 
locked,  and  unless  it  is  so  locked  whenever  men  or 


*  Under  a  similar  provision  of  a  former  act,  the  mine 
owner  or  operator  was  regarded  as  owing  a  duty  to  main¬ 
tain  the  bottom  man  and  sufficient  light  at  the  bottom  of  the 
shaft  to  members  of  the  night  shift  entering  into  the  mine 
within  thirty  minutes  after  the  hoisting  for  the  day  shift 
had  ceased.  Brunsworth  v.  Kerens-Donnewald  Coal  Co, 
(1913),  260  Ill.  202,  216. 


50 


materials  are  being  conveyed  thereon.  No  coal  shall 
be  hoisted  in  any  shaft  while  men  are  being  lowered 
therein. 

Rights  of  men  to  come  out.]  (c)  Whenever  men 
who  have  finished  their  day’s  work,  or  have  been 
prevented  from  further  work,  shall  come  to  the  bot¬ 
tom  to  be  hoisted  out  an  empty  cage  shall  be  given 
them  for  that  purpose,  unless  there  is  an  available 
exit  by  slope  or  stairway  in  an  escapement  shaft,  and 
providing  there  is  no  coal  at  the  bottom  ready  to  be 
hoisted.  In  case  of  injury  or  'bona  fide  illness,  a  man 
shall  be  given  a  cage  at  once. 

Safety  Lamps,  Regulations. 

§  13.  (a)  At  every  mine  in  this  State,  the  opera¬ 
tor  shall  provide  and  keep  in  condition  for  use  hot 
less  than  two  safety  lamps  and  shall  provide  and  keep 
as  many  more  as  may  be  required  in  writing  by  the 
State  mine  inspector.  Davy  lamps  shall  not  be  used 
for  any  purpose  except  testing. 

(b)  All  safety  lamps  shall  be  the  property  of  the 
operator  and  when  not  in  use  shall  remain  in  the 
custody  of  the  mine  manager  or  other  competent  per¬ 
son  designated  by  him,  who  shall  clean,  fill,  trim, 
examine  and  deliver  same  locked  and  in  safe  condi¬ 
tion  to  the  men  wdien  they  enter  the  mine,  or  at  some 
underground  station  designated  by  the  mine  manager 
for  that  purpose.  He  shall  also  receive  the  lamps 
from  the  men  w’hen  they  leave  the  mine  or  as  they 
pass  the  underground  lamp  station  at  the  end  of  their 
shift. 

The  persons  to  w'hom  lamps  are  thus  given  shall 
be  responsible  for  the  condition  and  proper  use  of  the 
safety  lamps  while  in  their  possession,  and  their 
return  to  the  lamp  station. 

No  safety  lamps  shall  be  given  to  any  person  for 
use  in  a  mine  nor  shall  any  person  use  a  safety  lamp 
in  a  mine  until  said  person  has  given  evidence  satis¬ 
factory  to  the  mine  manager  that  he.  understands  the 


51 


proper  use  thereof  and  the  danger  of  tampering  with 
the  same. 

(c)  No  person  except  one  duly  authorized  by  the 
mine  manager  shall  have  in  his  possession  in  any  part 
of  the  mine  where  locked  safety  lamps  are  used,  any 
matches  or  other  means  of  producing  fire,  or  any 
lamp-key  or  other  instrument  usable  for  the  opening 
of  a  locked  safety  lamp.  Any  person  violating  the 
provisions  of  this  section  shall  he  guilty  of  a  mis¬ 
demeanor  and  punishable  as  hereinafter  i:)rovided 
relating  to  misdemeanors  under  this  Act. 

(d)  Electric  lamps  which  will  not  ignite  ex¬ 
plosive  gases  may  be  used  instead  of  safety  lamps  for 
purposes  for  which  safety  lamps  are  required  in  this 
Act  except  for  testing  for  explosive  gas. 

Ventilation. 

§  14.  (a)  At  every  coal  mine  there  shall  be  pro¬ 
vided,  supplied  and  maintained  an  amount  of  air 
which  shall  not  be  less  than  one  hundred  (100)  cubic 
feet  per  minute  for  each  person,  and  not  less  than  five 
hundred  (500)  cubic  feet  per  minute  for  each  animal 
in  the  mine,  measured  at  the  foot  of  the  downcast  and 
of  the  upcast ;  except  that  in  gaseous  mine  there  shall 
be  not  less  than  one  hundred  and  fifty  (150)  cubic 
feet  of  air  per  minute  for  each  person  in  the  mine. 
The  inspector  shall  have  power  by  order  .in  writing  to 
require  these  quantities  to  be  increased. 

(b)  The  main  current  of  air  shall  be  so  split  or 
subdivided  as  to  give  a  separate  current  or  reasonably 
pure  air  to  every  100  men  at  work,  and  the  inspector 
shall  have  authority  to  order,  in  writing,  separate 
currents  for  smaller  groups  of  men,  if,  in  his  judg¬ 
ment,  special  conditions  render  it  necessary. 

(c)  Doors,  curtains  or  brattices  shall  be  placed 
at  such  places  as  may  be  designated  by  the  mine  man¬ 
ager,  subject  to  the  approval  of  the  State  Inspector, 
to  conduct  into  the  working  places  an  amount  of  air 


52 


sufl5cient  to  render  the  working  places  reasonably 
free  from  deleterious  air  of  every  kind. 

(d)  Away  from  the  pillar  for  the  mine  bottom, 
cross-cuts  between  entries  shall  be  made  not  more 
than  sixty  feet  apart  without  permission  of  the  State 
Inspector  of  the  district  and  then  only  in  case  of 
“faults.”  When  such  consent  is  given,  brattice  or 
other  means  must  be  provided  within  sixty  feet  of 
the  face  to  convey  the  air  to  the  working  places  until 
a  cross-cut  is  opened  up. 

When  undercut  or  sheared,  the  entry,  cross-cut 
and  room-neck  may  be  advanced  concurrently,  but  not 
more  than  one  cutting  shall  be  shot  in  the  room-neck 
until  the  cross-cut  is  finished ;  and  after  the  entry  has 
advanced  fifteen  feet  beyond  the  location  of  the  new 
cross-cut,  only  one  shot  shall  be  fired  in  the  entry  to 
two  in  either  or  both  the  cross-cut  and  room-neck  at 
the  same  shooting  time. 

When  not  undercut  or  sheared,  the  entry  and 
cross-cut  may  be  advanced  concurrently,  but  no  room 
shall  be  opened  in  advance  of  the  last  open  cross-cut, 
and  after  the  entry  has  advanced  fifteen  feet  beyond 
the  location  of  a  new  cross-cut  only  one  shot  shall  be 
fired  in  the  entry  to  two  in  the  cross-cut  at  the  same 
shooting  time. 

Not  more  than  three  shots  shall  be  exploded  at 
one  shooting  time  ahead  of  the  last  open  cross-cut 

(e)  After  the  taking  effect  of  this  Act,  the  first 
cross-cut  between  all  rooms  off  any  entry  shall  not  be 
more  than  sixty  (60)  feet  from  the  rib  of  the  entry. 
Additional  cross-cuts  shall  not  be  more  than  sixty 
(60)  feet  apart:  Provided,  however,  that  if  in  any 
mine  the  conditions  are  such  that  in  the  judgment  of 
the  duly  accredited  representative  of  the  department 
of  mines  and  minerals,  expressed  in  writing,  it  is  con¬ 
sidered  equally  safe  and  more  advantageous  to  leave 
a  blind  pillar  between  not  less  than  every  three 
rooms,  the  department  of  mines  and  minerals  shall 
have  power  to  grant  the  authority  to  leave  said  pillar 


53 


subject  to  review  hy  the  department  of  mines  and 
minerals  on  formal  complaint  of  the  representative 
of  either  party  in  interest  and  after  an  open  hearing. 

(f)  All  cross-cuts  connecting  inlet  and  outlet  air 
courses,  except  the  last  one  nearest  the  face,  shall  be 
closed  with  substantial  stoppings  to  be  made  as  nearly 
air-tight  as  possible.  In  the  making  of  the  air-tight 
partitions  or  stoppings,  no  loose  material  or  refuse 
shall  be  used. 

Cross-cuts  between  rooms,  except  the  one  nearest 
the  face,  shall  be  closed  sufficiently  to  carry  to  the 
working  places  the  amount  of  air  required  by  law. 

(g)  All  possible  care  and  diligence  shall  be  ex¬ 
ercised  in  the  examination  of  working  places,  espe¬ 
cially  for  the  investigation  and  detection  of  explosive 
gases  therein,  and  where  found,  such  gas  shall  be 
removed  by  a  special  current  of  air  produced  by  brat- 
ticing  or  from  a  pipe,  before  men  are  permitted  to 
work  in  such  places  with  other  lights  than  safety 
lamps. 

(h)  If,  in  any  mine,  the  conditions  are  such  that 
in  the  judgment  of  the  mine  manager  or  the  judgment 
of  the  State  Mine  Inspector  expressed  in  writing,  it  is 
necessary  tp  use  safety  lamps  only  in  working  said 
mine,  other  lights  shall  not  be  used  therein :  Provided^ 
lioicever,  that  if  in  the  opinion  of  the  miners  or  opera¬ 
tors,  an  injustice  has  been  done  by  ordering  said  mine 
to  use  safety  lamps  only,  the  miners  or  operators  have 
a  right  to  appeal  to  the  Department  of  Mines  and 
Minerals,  its  decision  in  the  case  to  be  final. 

(i)  The  air  from  the  outlet  of  the  stable  shall 
not  pass  into  the  intake  air  current  used  for  ventilat¬ 
ing  the  working  parts  of  the  mine. 

(j)  All  doors  in  mines,  used  in  guiding  and 
directing  the  ventilating  currents  shall  be  hung  and 
adjusted  so  as  to  close  automatically. 

(k)  At  all  doors  through  which  three  or  more 
drivers  are  hauling  coal  on  any  one  shift,  an  attend¬ 
ant  shall  be  employed  on  said  shaft  [shift]  for  the 


54 


purpose  of  opening  and  closing  said  doors  when  trips 
of  cars  are  passing  to  and  from  the  workings :  Pro¬ 
vided,  the  mine  inspector  in  case  of  specially 
dangerous  conditions,  shall  have  power  to  require  in 
wu’iting  that  an  attendant  be  placed  at  doors  through 
which  less  than  three  drivers  shall  pass.  Places  for 
shelter  shall  be  provided  at  such  doorways  to  protect 
the  attendants  from  being  injured  by  the  cars  while 
attending  to  their  duties :  Provided,  that  in  any  or 
all  mines,  where  doors  are  constructed  in  such  a  man¬ 
ner  as  to  open  and  close  automatically,  attendants 
and  places  for  shelter  shall  not  be  required. 

(l)  If  the  inspector  shall  find  men  working  with¬ 
out  the  amount  of  air  required  by  law,  he  shall  at 
once  notify  the  mine  manager  to  increase  the  amount 
of  air  in  accordance  with  the  law.  Upon  the  failure 
or  refusal  of  the  manager  to  act  promptly,  and  in  all 
cases  where  men  are  endangered  by  such  lack  of  air, 
the  inspector  shall  at  once  order  the  men  affected  out 
of  the  mine. 

(m)  In  case  the  passageways,  roadways  or  en¬ 
tries  of  any  mine  are  so  dry  that  the  air  becomes 
charged  with  dust,  the  operator  of  such  mine  must 
have  such  roadways  regularly  and  thoroughly 
sprayed,  sprinkled  or  cleaned. 

(n)  At  all  mines  emplojdiig  over  one  hundred 
(100)  men  underground  and  in  all  mines  generating 
fire  damp,  the  ventilating  fan  shall  be  run  both  day 
and  night ;  at  all  mines  employing  less  than  one  hun¬ 
dred  (100)  men  underground,  the  fan  shall  be  run  at 
its  usual  speed  for  six  (6)  hours  before  men  go  into 
the  mine  to  work.  A  recording  pressure  gauge  shall 
be  maintained  in  connection  wdth  each  fan  at  all 
times :  Provided,  nothing  in  this  clause  shall  apply 
to  mines  employing  ten  men  or  less.  (Amended  by 
Act  approved  June  27,  1917,  in  force  July  1,  1917. 
L.  1917,  p.  602.) 

(o)  In  all  mines  where  closed  electric  lamps 
are  used  exclusively,  a  sufficient  number  of  prac- 


55 


tical,  experienced  miners  shall  be  employed  by  the 
company,  whose  duty  it  shall  be  to  examine  the 
mine  for  obnoxious  or  inflammable  gases  while  men 
are  working  therein ;  and,  further  provided,  that  the 
mine  shall  be  examined  by  a  competent  person  with 
a  safety  gas  testing  lamp  on  idle  days,  holidays  and 
Sundays  preceding  the  time  the  night  shift  goes  on 
duty.  (Amended  by  Act  approved  and  in  force  July 
1,  1919.) 

Refuge  Places,  Power  Haulage  and  Mule  Roads, 

Room-Necks,  Gob  Obstructions. 

§  15.  (a)  On  all  single-track  haulage  roads  where 
hauling  is  done  by  machinery,  which  roads  the  per¬ 
sons  employed  in  the  mine  must  use  while  perform¬ 
ing  their  work  or  travel  on  foot  to  and  from  their 
work,  there  shall  be  places  of  refuge  on  one  side  not 
less  than  3  feet  in  depth  from  the  side  of  the  car,  and 
not  less  than  4  feet  long  and  5  feet  in  height  and  not 
more  than  60  feet  apart.  On  all  such  roads  con¬ 
structed  after  the  passage  of  this  Act,  the  refuse 
[refuge]  places  shall  be  placed  on  the  opposite  side 
from  the  electric  power  wire.  On  rope-haulage  roads, 
means  of  signaling  shall  be  established  between  the 
haulage  engineer  and  all  points  on  the  road.  A  con¬ 
spicuous  light  shall  be  carried  on  the  front,  and  a 
gong,  conspicuous  red  light  or  white  signal  board  on 
the  rear  of  every  trip  or  train  of  pit  cars  moved  by 
machinery. 

Refuge  places — mule  roads.]  (b)  On  all  haul¬ 
age  roads  on  which  the  hauling  is  done  by  draft  ani¬ 
mals,  whereon  men  are  obliged  to  be  in  the  perform¬ 
ance  of  their  duties  or  have  to  pass  to  and  from  their 
work,  there  shall  be  places  of  refuge  not  less  than 
2%  feet  in  width  from  the  side  of  the  car,  and  not 
less  than  4  feet  long  and  5  feet  in  height  and  not 
more  than  60  feet  apart. 

Room-necks  as  refuge  places.]  (c)  Refuge 
places  shall  not  be  required  in  entries  on  which  room- 


56 


necks  at  regular  intervals  not  exceeding  60  feet  fur¬ 
nish  the  required  refuge  places. 

Keeping  refuge  places  clear.]  (d)  All  places 
of  refuge  must  be  kept  clear  of  obstructions  and  no 
material  shall  be  stored  nor  be  allowed  to  accumulate 
therein.  They  shall  also  be  whitewashed  not  less 
than  once  in  six  months. 

Gob  on  haulage  roads.]  (e)  One  side  of  all  haul¬ 
age  roads  shall  be  kept  clear  of  refuse  or  materials, 
except  timbering,  unless  the  rib  or  timbering  on  such 
side  shall  be  2^/2  feet  or  more  from  the  rail,  but  in 
such  case  materials  or  refuse  shall  not  be  permitted 
within  2%  feet  of  the  rail.  (Amended  by  Act  ap¬ 
proved  June  28,  1915,  in  force  July  1,  1915.  L.  1915, 
p.  505.) 

Cars, 

§  16.  (a)  When  there  is  an  open  hook  coupling 

on  either  end  of  the  car,  the  hook  and  links  must  be 
attachd  so  that  when  hanging  down,  the  coupling  will 
be  clear  of  the  ties  and  rails. 

Mine  cars  in  use  when  this  Act  shall  become  in 
force  and  effect  shall  be  made  to  comply  with  this 
provision  within  one  year  thereafter. 

(b)  In  mines  opened  after  the  passage  of  this 
Act,  all  mine  cars  shall  be  equipped  with  a  bumper  or 
bumpers  on  each  end,  which  shall  project  from  be¬ 
yond  the  end  of  the  car  not  less  than  four  inches  in 
length.  This  shall  not  be  held  to  apply  to  mines  em¬ 
ploying  ten  men  or  less.  (Amended  by  Act  approved 
June  27,  1913,  in  force  July  1,  1913.  L.  1913,  p.  411.) 
Voltage,  Wires,  Haulage  Ways. 

§  17.  (a)  Trolley  wires  or  other  exposed  elec¬ 
trical  wires  shall  not  carry  a  voltage  above  275  volts. 

Wires  crossing  haulage  ways.]  (b)  All  trolley 
and  positive  feet  [d]  wires  crossing  places  where  per¬ 
sons  or  animals  are  required  to  travel  shall  be  safely 
guarded  or  protected  from  such  persons  or  animals 
coming  in  contact  therewith. 


57 


(c)  All  terminal  ends  of  positive  wires  shall  be 
guarded  so  as  to  prevent  persons  inadvertently  com¬ 
ing  in  contact  therewith. 

Oil  Standards,  Brands,  Sampling  and  Testing, 

Penalty. 

§  18.  All  illuminating  oils  or  other  illuminants 
used  in  coal  mines  shall  conform  to  such  specifica¬ 
tions  as  shall  be  prescribed  by  the  State  Mining 
Board. 

Brands  of  oil.]  (b)  All  oils  sold  or  offered  for 
sale  to  be  used  for  illuminating  purposes  in  coal  mines 
shall  be  stamped  or  branded  upon  the  original  barrel 
or  package  in  which  said  oil  is  furnished  to  the  per¬ 
son,  firm  or  corporation  selling  or  furnishing  such  oil 
to  show  that  such  oil  has  been  tested  and  found  to 
conform  to  the  specifications  prescribed  by  the  State 
Mining  Board. 

Penalty.]  (c)  Any  person,  firm,  or  corporation, 
either  by  themselves,  agents  or  employees,  selling  or 
offering  to  sell  for  illuminating  purposes  in  any  mine 
in  this  State  any  oil  not  compljdng  with  the  specifica¬ 
tions  of  the  State  Mining  Board  as  suitable  for  illum¬ 
inating  purposes  as  contemplated  in  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  twenty-five  dol¬ 
lars,  nor  more  than  one  hundred  dollars  for  each 
offense ;  and  any  mine  owner  or  operator  or  employee 
of  such  owner  or  operator  who  shall  knowingly  use, 
or  any  mine  operator  who  shall  knowingly  permit  to 
be  used,  for  illuminating  purposes  in  any  mine  in  this 
State  any  oil,  the  use  of  w^hich  is  forbidden  by  this 
Act,  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
fined  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars. 

Samples  and  testing.]  (d)  The  State  mine  in¬ 
spectors  shall  have  authority  to  sample  all  oil  used 
for  illuminating  purposes  in  the  mines  of  this  State, 
or  kept  on  hand  for  use  or  for  sale  at  such  mines, 


58 


and  for  such  purpose  they  may  enter  upon  the 
premises  of  any  person.  It  shall  be  their  duty  to  send 
to  the  State  Mining  Board  to  be  tested  a  sample  of 
any  oil  they  have  reason  to  suspect  does  not  comply 
with  the  specifications  of  the  State  Mining  Board  in 
regard  to  illuminating  oil  for  use  in  mines ;  and  if  the 
said  sample  of  oil  is  found  after  suitable  tests  not  to 
comply  with  the  provisions  of  this  Act,  the  person 
using  said  oil  or  selling  or  offering  the  same  for  sale, 
shall  be  prosecuted  in  accordance  with  the  provisions 
of  this  Act.  (Amended  by  Act  Apprbved  June  27, 
1913,  in  force  July  1,  1913.  L.  1913,  p.  411.) 

Powder,  Keeping,  Handlmg  and  Firing;  Standard 

Charger;  Dead  Holes,  Tamping,  Warning. 

§19.  (a)  No  blasting  powder,  or  other  explos¬ 
ives,  shall  be  stored  in  any  coal  mine,  and  no  work¬ 
man  shall  have  at  any  time  in  the  mine  more  than 
thirty-five  pounds  of  black  powder  nor  more  than 
twenty-five  pounds  of  permissible  explosives,  nor 
more  than  three  pounds  of  other  high  explosives :  Pro¬ 
vided,  that  nothing  in  this  section  shall  be  construed 
to  prevent  the  operator  of  any  mine  from  taking  into 
the  mine,  when  miners  are  not  therein,  and  in  elec¬ 
trically  equipped  mines,  while  the  current  is  turned 
off*  on  roadways  through  which  it  is  transported,  a 
sufficient  quantity  of  powder  for  the  reasonable 
requirements  of  such  mine  for  the  next  succeeding 
working  day.  The  delivery  of  powder  into  coal  mines 
shall  be  during  the  interval  after  the  shot  firers  have 
come  out  of  the  mine  and  prior  to  the  entry  of  the 
day  shift  into  the  mine  in  the  morning ;  but  in  the 
interim  before  such  powder  is  delivered  to  the  men, 
it  shall  be  kept  in  a  closed  receptacle. 

Explosives  shall  not  be  carried  in  the  same  car 
with  tools  or  other  materials. 

Place  and  manner  of  keeping  in  the  mine.] 
(b)  Every  person  who  has  powder  or  other  explosives 
in  a  mine  shall  keep  the  same  in  a  wooden  box 


59 


securely  locked,  with  hinged  lid,  and  said  hox  shall 
be  kept  as  far  as  practicable  from  the  track ;  and  all 
powder  boxes  shall  be  kept  as  far  as  practicable 
from  each  other  and  each  in  a  scheduled  place.  Black 
powder  and  high  explosives  or  caps  shall  not  be  kept 
in  the  same  box.  Detonating  explosives  and  detona¬ 
tors  shall  not  be  kept  in  the  sam^  box. 

Manner  of  handling.]  (c)  Whenever  a  work¬ 
man  is  about  to  open  a  box  or  keg  containing  powder 
or  other  explosives,  and  while  handling  the  same,  he 
shall  place  and  keep  his  lamp  at  least  five  feet  distant 
from  said  explosive,  and  in  such  position  that  the  air 
current  can  not  convey  sparks  to  it,  and  no  person 
shall  approach  nearer  than  five  feet  to  any  open  box 
containing  an  open  keg  of  powder  or  other  explosive 
with  a  lighted  lamp,  lighted  pipe  or  other  thing  con¬ 
taining  fire.  No  miner,  workman  or  other  person  shall 
open  any  receptacle  containing  an  explosive  except 
by  the  means  of  opening  the  same  provided  by  the 
manufacturer  thereof,  and  it  shall  ])e  unlawful  for 
any  person  to  have  in  his  possession  in  any  mine  any 
receptacle  containing  explosive  which  has  been  opened 
in  violation  of  this  Act. 

Quantity  of  powder  in  one  charge.]  (d)  The 
quantity  of  powder  to  be  used  in  the  preparation  of 
shots  shall  not,  in  any  case,  exceed  five  (5)  standard 
chargers  full  of  powder  in  coal  seams  five  and  one- 
half  (5%)  feet  or  over  in  thickness;  and  shall  not,  in 
any  case,  exceed  four  (4)  standard  charges  full  of 
powder  in  coal  seams  under  five  and  one-half  (5%) 
feet  in  thickness. 

Standard  charger.]  (e)  For  the  purpose  of  de¬ 
termining  the  quantity  of  powder  to  be  used  in  the 
preparation  of  any  given  shot,  a  standard  charger  is 
defined  and  prescribed  to  be  a  cylindrical  metallic 
charger  not  to  exceed  twelve  (12)  inches  in  length 
and  not  to  exceed  one  and  one-half  (1%)  inches  in 
diameter. 


60 


Dead  holes.]  (f)  No  person  shall  drill  or  shoot 
a  dead  hole  as  hereinafter  defined.  A  “dead  hole”  is 
a  hole  where  the  width  of  the  shot  at  the  point 
measured  at  right  angles  to  the  line  of  the  hole  is  so 
great  that  the  heel  is  not  of  sufficient  strength  to  at 
least  balance  the  resistance  at  the  point.  The  heel 
means  that  part  of  the  shot  which  lies  outside  of  the 
powder. 

In  solid  shooting,  the  width  of  the  shot  at  the 
point,  in  seams  of  coal  six  (6)  feet  or  less  in  height, 
shall  not  be  greater  than  the  height  of  the  coal  and 
in  seams  of  coal  more  than  six  (6)  feet  in  thickness, 
the  width  of  the  shot  at  the  point  shall,  in  no  case,  be 
more  than  six  (6)  feet. 

In  undercut  coal,  no  hole  shall  be  drilled  “on  the 
solid”  for  any  part  of  its  length. 

Mixed  shots.]  (g)  In  no  case  shall  more  than 
one  kind  of  explosive  be  used  in  the  same  drill  hole. 

Copper  tools.]  (h)  The  needle  used  in  preparing 
a  blast  shall  be  made  of  copper,  and  any  metallic 
tamping-bar  or  scraper  which  is  used  for  placing  ex¬ 
plosives  for  shots  shall  be  tipped  with  at  least  five 
inches  of  copper.  A  scraper  shall  not  be  used  for 
tamping. 

Tamping.]  (i)  Every  blasting  hole  shall  be 
tamped  full  from  the  explosive  to  the  mouth  of  the 
hole,  and  no  coal  dust  or  any  material  that  is  infiam- 
mable  or  that  may  create  a  spark,  whether  the  same 
shall  be  wet  or  dry,  shall  be  used  for  tamping. 

Use  of  squibs.]  (j)  When  a  squib  is  used  to  fire 
a  shot  it  shall  be  unlawful  to  shorten  or  oil  the  match 
of  the  squib  or  to  ignite  it  except  at  the  end. 

Warning  before  firing.]  (k)  Before  firing  a 
shot,  the  person  firing  the  same  shall  see  that  all  per¬ 
sons  are  out  of  danger  from  the  probable  effects  of 
such  shot,  and  shall  take  measures  to  prevent  any  one 
approaching  by  shouting  “fire”  before  lighting  the 
same. 


61 


Not  more  than  one  shot  at  a  time.]  (1)  Not 
more  than  one  shot  shall  he  lighted  at  the  same  time 
in  any  working  place  unless  the  firing  is  done  by  elec¬ 
tricity  or  by  fuses  of  such  length  that  the  interval 
between  the  explosions  of  any  two  shots  shall  be  not 
less  than  one  minute,  and  in  no  case  shall  any  shot  or 
shots  be  fired  or  lighted  which  are  termed  depending 
or  dependent  shots,  until  after  the  expiration  of  ten 
minutes  from  the  successful  firing  of  the  relieving  shot 
or  shots.  When  successive  shots  are  to  he  fired  in 
any  working  place  in  which  the  roof  is  broken  or 
faulty,  the  smoke  shall  be  allowed  to  clear  away  and 
the  roof  examined  and  made  secure  between  shots. 

Missed  shots.]  (m)  No  person  shall  return  to  a 
missed  shot,  if  lighted  with  a  squib,  until  five  (5) 
minutes  have  elapsed  from  the  time  of  lighting  the 
same,  or,  if  lighted  with  fuse,  until  the  following  day ; 
and  no  person  shall  return  to  a  missed  shot  when  the 
firing  is  done  by  electricity  unless  the  wires  are  dis¬ 
connected  from  the  battery. 

(n)  No  missed  shot  shall  be  withdrawn  except¬ 
ing  by  the  use  of  copper-tipped  or  wooden  tools. 
(Amended  by  Act  approved  June  27,  1913,  in  force 
July  1,  1913.  L.  1913,  p.  411. 

(o)  Where  shot  firers  are  employed  and  fuse  is 
used  to  fire  shots,  the  length  of  the  fuse  shall  be  not 
less  than  three  and  one-half  (3^4)  feet  outside  the 
powder.  (Amended  by  Act  approved  and  in  force 
July  1,  1919.) 

Duty  of  Mine  Manager, 

§20.  (a)  It  shall  be  the  duty  of  the  mine 

manager : 

1.  To  visit  each  working  place  in  the  mine  at 
least  once  in  two  weeks. 

2.  To  provide  a  suitable  checking  system  whereby 
the  entrance  into  and  departure  from  the  mine  of 
each  employee  shall  be  indicated. 


62 


3.  To  have  the  underground  workings  of  the 
mine  examined  by  a  certificated  mine  examiner 
within  eight  hours  preceding  every  day  upon  which 
the  mine  is  to  be  operated.  Such  a  mine  examiner 
shall  make  the  examination  as  provided  in  this  Act, 

-  and  he  shall  enter  his  report  thereof  with  indelible 
pencil  or  ink  in  a  well  bound  or  properly  protected 
loose  leaf  book  provided  for  that  purpose,  before  the 
men  are  permitted  to  enter  the  mine  in  the  morning. 
This  book  shall  be  kept  in  some  convenient  place  on 
top,  but  not  in  the  engine  room,  for  the  information 
of  the  inspector  and  other  persons  interested  therein. 

4.  To  examine  the  mine  examiner’s  report  in  the 
morning,  and  if  the  working  places  are  reported 
dangerous,  he  shall  withhold  the  entrance  checks  of 
men  working  in  such  places  until  he  has  taken  every 
proper  precaution  to  advise  such  men  of  the  danger 
and  instructed  them  not  to  work  in  such  places  until 
the  reported  danger  has  been  removed,  except  for  the 
purpose  of  removing  same. 

5.  When  there  is  to  be  a  night  shift  mining  coal, 
the  mine  manager  shall  require  the  places  in  which 
such  night  shift  are  expected  to  work  to  be  examined 
for  gas,  or  falls  or  dangerous  roof,  by  the  person  in 
charge  of  such  night  shift  or  some  competent  person 
duly  authorized  by  him  before  the  men  enter  such 
places  for  work.  The  night  shift  may  go  into  the 
mine  while  the  night  examiner  is  in  the  mine,  except¬ 
ing  in  mines  where  marsh  gas  has  been  detected  in 
dangerous  quantities,  provided  they  do  not  go  into 
the  working  places  until  the  required  examination  is 
made. 

Certificated  mine  examiners  shall  not  be  required 
for  the  examination  preceding  the  night  shift,  except¬ 
ing  in  mines  where  marsh  gas  is  detected  in  danger¬ 
ous  quantities.  The  night  examiner,  or  examiners, 
shall  make  a  record  of  their  examination  in  a  special 
book  kept  for  that  purpose,  which  shall  be  kept  in 


63 


some  convenient  place  on  top  when  not  in  use  by  the 
examiner. 

6.  He  shall  provide  a  sufficient  number  of  props, 
caps  and  timbers,  when  demanded,  delivered  on  the 
miners’  cars  at  the  usual  place,  in  suitable  lengths  and 
dimensions  for  the  securing  of  the  roof  by  the  miners. 

7.  He  shall  see  that  the  cross-cuts  are  made  at 
proper  distances  apart,  and  that  the  necessary  doors, 
curtains,  and  brattices  are  provided  to  secure  the  men 
in  the  mine  the  volume  of  air  required  by  this  Act,  or 
by  the  written  demands  of  the  mine  inspector ;  also, 
that  all  stoppings  along  air-ways  are  properly  and 
promptly  built. 

8.  He  shall  keep  careful  watch  over  all  ventilat¬ 
ing  apparatus,  and  the  air  currents  in  the  mine,  and 
in  case  of  accident  to  fan  or  machinery  by  which  the 
air  currents  are  stopped  or  materially  obstructed,  he 
shall  at  once  order  the  withdrawal  of  the  men  from 
the  mine  and  prohibit  their  return  until  the  required 
ventilation  has  been  re-established. 

9.  He  shall  measure  the  air  current  or  cause  the 
same  to  be  measured  at  least  once  each  week  at  the 
inlet  and  outlet,  also  at  the  last  open  cross-cut  in 
each  division  or  split,  and  shall  keep  a  record  of  such 
measurements  for  the  information  of  the  mine  in¬ 
spector. 

10.  He  or  his  assistants  shall,  at  least  once  a 
week,  examine  the  escapement  shaft  and  the  road¬ 
ways  leading  thereto  and  all  other  openings  for  the 
safe  exit  of  men  to  the  surface ;  and  shall  make  a 
record  of  any  obstructions  or  other  unsafe  conditions 
existing  therein,  and  cause  the  same  to  be  promptly 
removed. 

11.  He  shall  examine  or  designate  a  competent 
person  to  examine  the  hoisting  ropes,  cages  and 
safety  catches  every  morning,  and  shall  require  the 
ropes  to  be  tested  by  hoisting  the  cages  before  the 
men  are  lowered. 

12.  He  must  see  that  the  top  man  and  bottom 


64 


man  are  on  duty  and  that  sutRoient  lights  are  main¬ 
tained  at  the  top  and  bottom  landings  when  the 
miners  are  being  hoisted  and  lo’wered. 

13.  The  mine  manager  or  his  assistant  shall  be 
at  his  post  at  the  mine  when  the  men  are  lowered 
into  the  mine  in  the  morning  for  work,  and  shall 
remain  at  night  until  all  the  men  employed  during 
the  day  shall  have  been  hoisted  out. 

14.  He  shall  give  special  attention  to  and  in¬ 
structions  concerning  the  proper  storage  and  han¬ 
dling  of  explosives  in  the  mines. 

15.  He  shall  see  that  all  dusty  haulage  roads  are 
regularly  and  thoroughly  sprayed,  sprinkled  or 
cleaned  at  regular  intervals  when  the  health  and 
safety  of  the  men  in  the  mines  demand. 

( b )  The  mine  manager  shall  have  power : 

1.  To  instruct  employees  as  to  their  respective 
duties  and  to  require  of  all  employees  obedience  to 
the  provisions  of  the  mining  law. 

2.  To  prescribe  special  rules  concerning  the 
proper  storage  and  handling  of  explosives  in  the  mine 
and  concerning  the  time  and  manner  of  placing  and 
discharging  the  blasting  shots,  and  it  shall  be  unlaw¬ 
ful  for  any  miner  to  fire  shots  except  according  to 
such  rules. 

3.  In  mines  in  which  the  works  are  so  extensive 
that  all  the  duties  devolving  upon  the  mine  manager 
cannot  be  discharged  by  one  man,  competent  persons 
may  be  designated  and  appointed  as  assistants  to  the 
mine  manager,  who  shall  exercise  his  functions  under 
the  mine  manager’s  instructions.*  (Amended  by  Act 


*A  miner  is  not  a  trespasser  and  is  within  the  protection 
of  the  Mining  act  when  he  quits  work  on  account  of  a 
cave-in  or  squeeze  occurring  in  the  mine,  enters  the  mine 
to  secure  his  tools  and  receive  his  time  check  from  the  mine 
manager  under  his  permission  and  assurance  that  there  is 
no  gas  in  the  part  of  the  mine  through  which  the  miner 
must  pass,  and  is  killed  from  an  explosion  of  gas  while  secur¬ 
ing  his  tools.  Romani  v.  Shoal  Creek  Coal  Co.  (1916),  271 
Ill.  360,  365,  367. 


05 


appi'oved  June  27,  1913,  in  force  July  1,  1913.  L.  1913, 
p.  411.)  (Amended  ])y  Act  approved  and  in  force 
July  1,  1919.) 

Mine  Examiners^  Duties . 

§  21.  (a)  A  certificated  mine  examiner  shall  be 
required  at  all  coal  mines.  There  shall  be  one  or 
more  additional  certificated  mine  examiners  whenever 
required  in  writing  by  State  mine  inspectors  when 
the  conditions  are  such  as  to  make  the  employment 
of  such  additional  mine  examiners  necessary. 

(b)  It  shall  be  the  duty  of  the  mine  examiner: 

1.  To  examine  the  underground  workings  of  the 
mine  within  eight  hours  preceding  the  time  the  day 
shift  goes  on  duty,  every  day  upon  which  the  mine 
is  to  be  operated,  excepting  that  when  in  the  judg¬ 
ment  of  the  State  Mine  Inspector  expressed  in  writ¬ 
ing  to  the  coal  operator,  a  mine  generates  explosive 
gas  in  dangerous  quantities,  a  State  Mine  Inspector 
shall  require  the  mine  to  be  examined  for  gas  in  such 
manner  and  at  such  shorter  intervals  than  eight  hours 
before  the  time  the  day  shift  goes  on  duty  every  day 
upon  which  the  mine  is  to  be  operated,  as  may  be 
necessary  to  insure  the  safety  of  the  men  working  in 
such  mine.  In  all  mines  where  closed  electric  lamps 
are  used  exclusively,  said  mines  shall  be  examined 
within  four  hours  preceding  the  time  the  day  shift 
goes  on  duty. 

2.  When  in  the  performance  of  his  duties,  to 
carry  with  him  a  safety  lamp  in  proper  order  and 
condition  and  a  rod  or  bar  for  sounding  the  roof. 

3.  To  see  that  the  air  current  is  traveling  in  its 
proper  course  and  in  proper  quantity ;  and  to  measure 
with  an  anemometer  the  amount  of  air  passing  in  the 
last  cross-cut  or  break-through  of  each  pair  of  entries, 
or  in  the  last  room  of  each  division  in  long-wall  mines, 
and  at  all  other  points  where  he  may  deem  it  neces¬ 
sary  ;  and  to  note  the  result  of  such  measurements  in 
the  mine  examiner’s  book  kept  for  that  purpose. 


GG 


4.  To  inspect  all  places  where  men  are  required 
in  the  performance  of  their  duties  to  pass  or  to  work, 
and  to  observe  whether  there  are  any  recent  falls  or 
dan^ijerons  roof  or  accnmnlations  of  ^as  or  dangerous 
conditions  in  rooms  or  roadways ;  and  to  examine 
especially  all  roadways  leading  to  escapement  shafts 
or  other  openings  for  the  safe  exit  of  men  to  the 
surface,  the  edges  and  accessible  parts  of  recent  falls 
and  old  gol)s  and  air-courses.* * 

5.  As  evidence  of  his  examination  of  said  rooms 
and  roadways,  to  inscribe  in  some  suitable  place  on 
the  walls  of  each,  not  on  the  face  of  the  coal,  with 
chalk,  the  month  and  the  day  of  the  month  of  his 
visit. 

0.  When  working  places  are  discovered  in  which 
there  are  recent  falls  or  dangerous  roof  or  dangerous 
conditions,  to  place  a  conspicuous  mark  or  sign 
thereat  as  notice  to  all  men  to  keep  out ;  and  in  case 
of  accumulation  of  gas,  to  place  at  least  two  con¬ 
spicuous  obstructions  across  the  roadway  not  less 
than  twenty  feet  apart,  one  of  which  shall  be  outside 
the  last  open  cross-cut.* 

*This  provision  applies  not  only  to  dangerous  conditions 
which  are  of  a  temporary  character,  but  also  to  faulty  con¬ 
ditions  of  a  permanent  nature,  caused  in  the  course  of  con¬ 
struction  in  opening  the  mine.  Dunham  v.  Black  Diamond 
Coal  Co.  (1909),  239  Ill.  457,  459. 

Any  “dangerous  condition’’  in  a  coal  mine  means  such  a 
condition  as  endangers  the  life,  limb  or  health  of  men 
working  in  the  mine,  whether  the  condition  is  permanent, 
due  to  faulty  construction,  or  temporary,  due  to  operation  ; 
and  includes  a  dangerous  condition  in  the  track,  roadbed, 
or  side  entries.  The  accumulation  of  coal  upon  a  railway 
track  of  a  mine  constitutes  a  dangerous  condition  which  the 
mine  examiner  is  hound  to  discover  and  report.  Mengelkamp 
V.  Consolidated  Coal  Co.  (1913),  259  Ill.  305,  309. 

*A  similar  provision  (section  18  of  the  Mines  and  Mining 
act  of  1899)  requiring  the  mine  examiner  to  place  a  con¬ 
spicuous  mark  in  all  working  places  in  the  mine  where 
dangerous  conditions  existed  and  to  report  such  conditions 
to  the  mine '  manager,  restricting  entrance  into  the  mine 
until  the  danger  was  removed,  was  considered  a  valid  regu¬ 
lation  under  section  29,  article  4  of  the  constitution.  Co<ni 
r.  Big  Muddg-Carterville  Mining  Co.  (1911),  249  111.  41,  47. 


G7 


7.  Upon  completing  his  examination,  to  make  a 
daily  record  of  the  same  in  a  book  kept  for  that  pur¬ 
pose,  for  the  information  of  the  company,  the  in¬ 
spector  and  all  other  persons  interested ;  and  this 
record  shall  he  made  each  morning  before  the  miners 
are  permitted  to  enter  the  mine. 

8.  To  take  into  his  possession  the  entrance 
checks  of  all  men  whose  working  places  have  been 
shown  by  his  examination  and  record  to  be  danger¬ 
ous,  and  to  give  such  entrance  checks  to  the  mine 
manager  before  the  men  are  permitted  to  enter  the 
niine  in  the  morning.  (Amended  by  Act  approved 
June  28,  1915,  in  force  July  1,  1015.  L.  1915,  p.  505.) 

Duty  of  Hoist iny  Enyinecr. 

§  22.  It  shall  be  the  duty  of  the  hoisting  engineer : 

1.  To  be  in  constant  attendance  at  his  engine  or 
boilers  at  all  times  when  there  are  workmen  under¬ 
ground.  Whenever  it  is  the  duty  of  the  engineer  to 
attend  to  the  boilers,  means  for  signaling  from  the 
shaft  bottom  to  the  boiler-room  shall  be  provided. 

2.  He  shall  not  permit  any  one  except  persons 
duly  authorized  to  enter  the  engine-room,  and  he  shall 
hold  no  communication  with  any  officer  of  the  com¬ 
pany  or  other  person  while  the  engine  is  in  motion 
or  while  his  attention  is  occupied  with  the  signals. 

3.  The  engineer  or  some  other  properly  author¬ 
ized  employee  shall : 

(a)  Keep  a  careful  watch  over  the  engine,  boil¬ 
ers,  pumps,  ropes  and  winding  apparatus  under  his 
jurisdiction. 

(b)  See  that  the  boilers  under  his.  care  are  prop¬ 
erly  supplied  with  water,  cleaned  and  inspected  at 
frequent  intervals. 

(c)  See  that  the  steam  pressure  does  not  exceed 
the  limit  established  by  the  boiler  inspector,  and  fre¬ 
quently  try  the  try  cocks  and  the  safety  valves  and 
shall  not  increase  the  weights  on  the  same. 


68 


(d)  See  that  the  steam  and  water  gauges  are 
kept  in  good  order,  and  if  any  of  the  pumps,  valves 
or  gauges  become  deranged  or  fail  to  act,  promptly 
report  the  fact  to  the  proper  authority. 

4.  He  shall  thoroughly  understand  the  estab¬ 
lished  code  of  signals,  and  when  he  has  the  signal 
that  men  are  on  the  cage,  he  must  operate  his  engine 
at  not  to  exceed  the  rate  of  speed  permitted  by  this 
Act. 

5.  He  shall  permit  no  one  to  handle,  except  in 
tlie  discharge  of  duty,  or  meddle  with  any  machinery 
under  his  charge  or  suffer  any  one  who  is  not  a  certi¬ 
fied  engineer  to  operate  his  engine  except  for  the  pur¬ 
pose  of  learning  to  operate  it,  and  then  only  in  the 
presence  of  the  engineer  in  charge  and  when  men  are 
not  on  the  cage. 

Special  Rules. 

§  23.  (a)  If  shall  be  unlawful  for  any  person 
knowingly  or  negligently : 

1.  To  injure  or  tamper  with  any  appliance  or 
machinery. 

2.  To  carry  an  open  light,  pipe  or  fire  in  any 
form  into  anj^  place  worked  by  the  light  of  safety 
lamps,  or  within  five  feet  of  an  open  package  of 
explosive. 

3.  To  open  anj^  locked  safety  lamp  without  per¬ 
mission  from  the  proper  authority. 

4.  To  handle  or  disturb  any  part  of  the  hoisting 
machinery  without  proper  authority. 

5.  To  obstruct  or  cause  any  obstruction  in  any 
air  current  or  to  leave  open  any  door  or  other  means 
provided  to  control  the  air  current  or  to  perform  any 
act  that  will  interfere  with  the  ventilating  current  of 
the  mine  without  permission  to  do  the  same  from  the 
mine  manager. 

6.  To  deface,  pull  down  or  destroy  any  notice 
board,  danger  signal,  special  rule  or  record  book. 

(b)  No  person  shall  be  permitted  to  or  shall 


t 


enter,  work  in  or  about  a  mine  or  mine  buildings, 
tracks  or  machinery  connected  therewith  while  under 
the  influence  of  intoxicants. 

(c)  Every  miner  shall  sound  and  thoroughly  ex¬ 
amine  the  roof  of  his  working  place  before  commenc¬ 
ing  work,  and  if  he  finds  loose  rock  or  other 
dangerous  conditions,  he  shall  not  work  in  such 
dangerous  place  except  to  make  such  dangerous  con¬ 
ditions  safe.  It  shall  be  the  duty  of  the  miner  to 
properly  prop  and  secure  his  place  for  his  own  safety 
with  materials  provided  therefor.* 

(d)  It  shall  be  the  duty  of  every  operator  to  post 
at  some  conspicuous  point  at  the  entrance  to  the 
mine,  in  such  manner  that  the  employees  of  the  mine 
can  read  them,  rules  not  inconsistent  with  this  Act, 
plainly  printed  in  the  English  language,  which  shall 
govern  all  persons  working  in  the  mine.  And  the 
posting  of  such  notice,  as  provided,  shall  charge  all 
employees  of  such  mine  with  legal  notice  of  the  con¬ 
tents  thereof. 

(e)  It  shall  be  unlawful  for  any  person  to  dis¬ 
obey  any  order  given  in  pursuance  of  this  Act,  or  to 
enter  any  place  against  a  danger  signal  without  per¬ 
mission  from  the  mine  manager,  or  to  do  any  willful 
act  whereby  the  lives  or  health  of  persons  working  in 
mines  or  the  security  of  the  mine  or  the  machinery 
thereof  are  endangered. 

(f)  No  mine  employee  shall  enter  or  leave  a  mine 
without  indicating  the  fact  of  entering  or  leaving 
said  mine  by  some  suitable  checking  system  provided 
by  and  under  the  control  of  the  mine  manager. 

(g)  No  person,  except  the  person  necessary  to 
operate  the  trip  or  car,  shall  ride  on  any  loaded  car 

*This  provision  applies  to  employes  who  have  a  fixed 
working  place  in  the  mine,  and  does  not  apply  to  employes 
who  are  required  to  work  all  over  the  mine  wherever  falls 
might  occur.  Grannon  v.  DonTc  Bros.  Coal  Co.  (1913),  259 
Ill.  350,  356. 


70 


or  on  the  outside  of  any  car,  or  get  on  or  off  a  car 
while  in  motion. 

(h)  It  shall  be  unlawful  to  change,  exchange, 
substitute,  alter  or  remove  any  number  or  check  or 
other  device  or  sign  used  to  indicate  or  identify  the 
person  or  persons  to  whom  credit  or  pay  is  due  for 
the  mining  of  coal  in  any  car  or  appliance  containing 
the  same,  with  intent  to  cheat  or  defraud  any  other 
person  of  the  value  of  his  services  for  mining  the  coal 
contained  in  such  car  or  appliance,  and  it  shall  be 
unlawful  for  a  person  with  intent  to  cheat  or  defraud 
any  other  to  place  any  number,  check  or  other  device 
or  sign  upon  any  car  or  other  appliance  loaded  by  any 
other  person  in  or  about  the  mine.  Any  violation  of 
this  provision  shall  be  deemed  a  larceny,  and  upon 
conviction  thereof  shall  be  punishable  as  provided  in 
the  general  statutes  of  Illinois  with  respect  to  larceny. 

Ten-foot  Limit,  Ahandonecl  Workings. 

§  24.  ( a )  In  no  case  shall  the  workings  of  any 
mine  be  driven  nearer  than  10  feet  to  the  boundary 
line  of  the  coal  right  pertaining  to  said  mine,  except 
for  the  purpose  of  establishing  an  underground  com¬ 
munication  between  contiguous  mines,  as  provided  for 
elsewhere  in  this  Act,  or  except  by  mutual  agreement 
in  writing  between  the  adjoining  owners. 

Approachixg  abaxdoxed  workings.]  (b)  When¬ 
ever  any  working  place  approaches  within  50  feet  of 
abandoned  workings  of  which  there  is  a  map  pre¬ 
pared  as  required  by  law  and  which  may  contain 
dangerous  accumulations  of  water  or  of  gas,  the 
operator  of  said  mine  shall  advance  by  workings  not 
more  than  20  feet  wide  and  maintain  in  advance  of 
the  face  a  bore  hole  not  less  than  10  feet  in  depth  and 
one  hole  in  each  rib  of  the  working  place  10  feet  in 
depth,  which  side  holes  shall  be  drilled  so  as  to  make 
an  angle  of  not  less  than  forty-five  degrees  with  the 
direction  of  the  rib.  If  there  is  not  a  map  of  the 
abandoned  workings,  the  holes  heretofore  provided 


71 


for  shall  he  drilled  when  the  new  workin^>:s  are 
within  100  feet  of  where  the  old  workinj^s  are  sup¬ 
posed  to  he. 

Dufy  of  J}hspe(ior,  Coroucr'a  Tuqucal,  Juvcfftiyutiou. 

§25.  (a)  Any  loss  of  life  or  personal  injury  in 
or  about  any  coal  mine  shall  he  reported  without 
delaj"  hy  the  person  having  charge  of  said  mine  to  the 
State  mine  inspector  of  the  district  in  which  the  mine 
is  located,  and  the  said  inspector,  in  case  of  injury,  if  • 
he  deem  necessarj^  from  the  facts  reported,  and  in  all 
cases  of  loss  of  life,  shall  go  immediately  to  the  scene 
of  said  accident  and  render  every  possible  assistance 
to  those  in  need. 

Every  operator  of  a  coal  mine  shall  make  or 
cause  to  he  made  and  preserve  for  the  information  of 
the  State  mine  inspector,  upon  uniform  blanks 
furnished  by  said  inspector,  a  record  of  all  deaths 
and  all  injuries  sustained  by  any  of  his  employees  in 
the  pursuance  of  their  regular  occupations. 

Coroners’  inquest.]  (b)  If  any  person  is  killed 
in  or  about  a  mine,  the  operator  shall  also  notify  the 
coroner  of  the  county,  or  in  his  absence  or  inability 
to  act,  any  justice  of  the  peace  of  said  county,  who 
shall  hold  an  inquest  concerning  the  cause  of  such 
death.  The  State  mine  inspector  may  question  or 
cross-question  any  witness  testifying  at  the  inquest. 

Investigation  by  inspectors.]  (c)  The  State 
mine  inspector  shall  make  a  personal  investigation  as 
to  the  nature  and  cause  of  all  serious  accidents  in 
mines  under  his  supervision.  He  shall  make  a  record 
of  the  circumstances  attending  the  same,  as  developed 
by  the  coroner’s  inquest  and  by  his  own  personal  in¬ 
vestigation,  which  record  shall  be  preserved  in  the 
files  of  his  office,  and  a  copy  thereof  filed  with  the 
State  Mining  Board  within  thirty  days  from  the  con¬ 
clusion  of  such  investigation,  and  such  report  shall 
thereupon  become  part  of  the  records  of  such  board. 
To  enable  him  to  make  such  investigation  he  shall 
have  power  to  compel  the  attendance  of  witnesses  and 


72 


% 


to  administer  oaths  or  affirmations  to  them,  and  the 
cost  of  such  investigations  shall  he  paid  by  the  county 
in  which  such  accident  has  occurred. 

Any  person  having  charge  or  custody  of  the 
records,  files,  documents,  reports  and  proceedings  of 
the  State  Mining  Board  provided  to  be  made,  filed  or 
*kept  under  the  provisions  of  the  laws  of  Illinois,  in 
case  of  serious  accident  shall  furnish  to  any  person 
•or  persons  interested,  a  certified  copy  thereof  upon 
application,  and  upon  the  payment  or  tender  of  fees 
at  such  rates  as  are  now  paid  in  this  State  to '  the 
clerks  of  circuit  courts  in  counties  of  the  second  class 
for  certified  copies  of  records,  and  refusal  to  furnish 
such  copies  shall  constitute  a  misdemeanor.  (Amend¬ 
ed'  by  Act  approved  June  28,  1915,  in  force  July  1, 
1915.  L.  1915,  p.  505.) 

stretchers  and  Blankets. 

§  26.  At  every  mine,  it  shall  be  the  duty  of  the 
operator  thereof  to  keep  always  on  hand,  and  at  some 
readily  accessible  place,  a  properly  constructed 
stretcher,  a  woolen  and  waterproof  blanket,  and  a  roll 
of  bandages  in  good  condition  and  ready  for  immedi¬ 
ate  use  for  binding,  covering  and  carrying  any  one 
who  may  be  injured  at  the  mine.  When  100  or  more 
men  are  employed  at  any  mine,  two  stretchers  and 
two  woolen  and  two  waterproof  blankets,  with  a  cor¬ 
responding  number  of  bandages,  shall  be  provided  and 
kept  on  hand.  At  mines  where  fire-damp  is  gener¬ 
ated,  there  shall  also  be  provided  and  kept  in  store  a 
suitable  supply  of  linseed  or  olive  oil,  for  use  in  case 
where  men  are  burned  by  an  explosion. 

Scales,  Weigh  man  and  Check  W eighman. 

§  27.  ( a )  The  operator  of  every  coal  mine  where 
miners  are  paid  by  the  weight  of  their  output,  shall 
provide  at  such  mine  suitable  and  accurate  scales  for 
the  weighing  of  such  coal,  and  a  correct  record  shall 
be  kept  of  all  coal  so  weighed,  and  said  record  shall 


73 


be  open  at  all  reasonable  hours  to  the  inspection  of 
miners  and  others  interested  in  the  product  of  said 
mine.  The  operator  shall  provide  at  such  mine  not 
less  than  one  thousand  (1,000)  pounds  of  United 
States  Standard  weights. 

Weighman.]  (b)  The  person  authorized  to  weigh 
the  coal  and  keep  the  record  as  aforesaid  shall  be  a 
citizen  of  the  United  States,  and  shall,  before  entering 
upon  his  duties,  make  and  subscribe  to  an  oath  before 
some  person  duly  authorized  to  administer  oaths,  that 
he  will  accurately  weigh  and  carefully  keep  a  true 
record  of  all  coal  weighed,  and  such  affidavit  shall  be 
kept  conspicuously  posted  at  the  place  of  weighing. 

Check  weighman.]  (c)  The  miners  at  work  in 
any  coal  mine  may  employ  a  check  weighman  at 
their  option  and  at  their  own  expense,  whose  duty  it 
shall  be  to  balance  the  scales  and  see  that  the  coal 
is  properly  weighed,  and  that  a  correct  account  of  the 
same  is  kept,  and  for  this  purpose  he  shall  have  access 
at  all  times  to  the  beam  box  of  said  scales,  and  be 
afforded  every  facility  for  verifying  the  weights  while 
the  weighing  is  being  done.  The  check  weighman  so 
employed  by  the  miners  shall  be  a  citizen  of  the 
United  States,  and,  before  entering  upon  his  duties, 
shall  make  and  subscribe  to  an  oath  before  some  per¬ 
son  duly  authorized  to  administer  oaths,  that  he  will 
faithfully  discharge  his  duties  as  check  weighman, 
and  such  oath  shall  be  kept  conspicuously  posted  at 
the  place- of  weighing.  (Amended  by  Act  approved 
and  in  force  July  1,  1919.  L.  1919,  p.  665.) 

Boys  and  Women. 

§  28.  No  boy  under  the  age  of  sixteen  years,  and 
no  woman  or  girl  of  any  age,  shall  be  permitted  to  do 
any  manual  labor  in  or  about  any  mine,  and  before 
any  boy  can  be  permitted  to  work  in  any  mine  he 
must  produce  to  the  mine  manager  or  operator 
thereof  an  affidavit  from  his  parent  or  guardian  or 
next  of  kin,  sworn  and  subscribed  to  before  a  justice 


74 


of  the  peace,  or  notary  public,  that  he,  the  said  boy, 
is  sixteen  years  of  age. 

The  parent,  guardian  or  next  of  kin  shall  submit 
in  connection  \^dth  said  affidavit,  a  certificate  of  birth, 
a  baptismal  certificate,  a  passport  or  other  oflacial  or 
religious  record  of  the  boy’s  age  or  duly  attested 
transcript  thereof,  which  certificate  or  transcript 
thereof  shall,  for  the  purposes  of  this  Act,  establish 
the  age  of  said  boy. 

Any  person  swearing  falsely  in  regard  to  the  age 
of  a  boj^  shall  be  guilty  of  perjury,  and  shall  be  pun¬ 
ished  as  provided  in  the  general  statutes  of  the  State 
pertaining  to  perjury. 

Violations,  Penalties. 

§  29.  (a)  Any  willful  neglect,  refusal  or  failure 
to  do  the  things  required  to  be  done  by  any  section, 
clause  or  provision  of  this  Act,  on  the  part  of  the 
person  or  persons  herein  required  to  do  them,  or  any 
violation  of  any  of  the  provisions  or  requirements 
hereof,  or  any  attempt  to  obstruct  or  interfere  with 
any  inspector  in  the  discharge  of  the  duties  herein 
imposed  upon  him,  or  any  refusal  to  comply  with  the 
instructions  of  an  inspector  given  by  authority  of  this 
Act  shall  be  deemed  a  misdemeanor  punishable  by  a 
fine  not  exceeding  five  hundred  dollars,  or  by  impris¬ 
onment  in  the  county  jail  for  a  period  not  exceeding 
six  months,  or  both,  at  the  discretion  of  the  court : 
Provided,  that  in  addition  to  the  above  penalties,  in 
case  of  the  failure  of  any  operator  to  comply  with 
the  provisions  of  this  Act  in  relation  to  the  sink¬ 
ing  of  escapement  shafts  and  the  ventilation  of  mines, 
the  State’s  attorney  for  the  county  in  which  such  fail¬ 
ure  occurs,  or  any  other  attorney,  in  case  of  his 
neglect  to  act  promptly,  shall  proceed  against  such 
operator  by  injunction  without  bond,  to  restrain  him 
from  continuing  to  operate  such  mine  until  all  legal 
requirements  shall  have  been  fully  complied  with. 

(b)  Any  inspector  who  shall  discover  that  any 


75 


section  of  this  Act,  or  part  thereof,  is  being  neglected 
or  violated,  shall  order  iinniediate  compliance  there¬ 
with,  and,  in  case  of  continned  failure  to  comply, 
shall  have  power  to  stop  the  operation  of  the  mine, 
or  to  remove  any  offending  person  or  persons  from 
the  mine  until  the  law  is  complied  with. 

(c)  For  any  injury  to  person  or  property,  o(*- 
casioned  by  any  willful  violation  of  this  Act,  or  will¬ 
ful  failure  to  comply  with. any  of  its  provisions,  a 
right  of  action  shall  accrue  to  the  party  injured,  for 
any  direct  damages  sustained  thereby ;  and  in  (fase  of 
loss  of  life  by  reason  of  such  willful  violation  or  will¬ 
ful  failure  as  aforesaid,  a  right  of  action  shall  accrue 
to  the  personal  representatives  of  the  person  so  killed 
for  the  exclusive  benefit  of  the  widow  and  next  of 
kin  of  such  person  and  to  any  other  i)erson  or  persons 
who  were,  before  such  loss  of  life,  dependent  for  sup¬ 
port  on  the  person  or  persons  so  killed,  for  a  like 
recovery  of  damages  for  the  injuries  sustained  by 
reason  of  such  loss  of  life  or  lives  not  to  exceed  the 
sum  of  ten  thousand  dollars :  Provided,  that  every 
such  action  for  damages  in  case  of  death  shall  he  com¬ 
menced  within  one  year  after  the  death  of  such  per¬ 
son  :  And,  provided,  further,  that  the  amount  recov¬ 
ered  by  the  personal  representative  of  the  person  so 
killed  shall  he  distributed  to  the  widow  and  next  of 
kin  of  such  person  in  the  proportion  provided  by  law 
in  relation  to  the  distribution  of  personal  property 
left  by  persons  dying  intestate ;  Provided,  that  if  and 
whenever  there  shall  be  in  force  in  this  State,  a 
statute  or  statutes  providing  for  compensation  to 
workmen  for  all  injuries  received  in  the  course  of 
their  employment,  the  provisions  thereof  shall  apply 
in  lieu  of  the  right  of  action  for  damages  provided  in 
this  Act.. 

Definitions. 

§  30.  ( a )  Where  used  in  this  Act,  the  words 
^‘mine”  and  “coal  mine”  are  intended  to  signify  any 


76 


and  all  parts  of  the  property  of  a  mining  plant,  on 
the  surface  or  underground,  which  contribute,  directly 
or  indirectly,  under  one  management,  to  the  mining  ^ 
or  handling  of  coal.* 

Excavation  or  workings.]  (b)  The  words  “ex¬ 
cavation”  and  “workings”  signify  any  or  all  parts  of 
a  mine  excavated  or  being  excavated,  including 
shafts,  slopes,  tunnels,  entries,  rooms  and  working 
place,  whether  abandoned  or  in  use. 

Shaft.]  (c)  The  term  “shaft”  means  any  verti¬ 
cal  opening  through  the  strata  which  is  or  may  be 
used  for  purposes  of  ventilation  or  escapement,  or  for 
the  hoisting  or  lowering  of  men  and  material  in  con¬ 
nection  with  the  mining  of  coal. 

Slope.]  (d)  The  term  “slope”  means  any  in¬ 
clined  way  in  or  to  a  seam  of  coal  to  be  used  for  the 
same  purposes  as  a  shaft. 

Drift.]  (e)  The  term  “drift”  means  any  prac¬ 
tically  horizontal  way  in  or  to  a  seam  of  coal  to  be 
used  for  the  same  purpose  as  a  shaft. 

Operator.]  (f)  The  term  “operator”  as  applied 
to  the  party  in  control  of  a  mine  in  this  Act,  signifies 
the  person,  firm  or  body  corporate  who  is  the  immedi¬ 
ate  proprietor  as  owner  or  lessee  of  the  plant,  and,  as 
such,  responsible  for  the  condition  and  management 
thereof. 

Mine  manager.]  (g)  The  “mine  manager”  is  the 
person  who  is  charged  with  the  general  direction  of 
the  underground  w^ork. 

Mine  examiner.]  (h)  The  “mine  examiner”  is 
the  person  charged  with  the  examination  of  the 
underground  workings  of  the  mine  before  the  miners 
are  permitted  to  enter  it  in  the  morning. 

*The  term  coal  mine  embraces  machinery  and  appliances 
used  to  facilitate  the  work  of  removing  coal  and  other 
material  brought  out  of  the  mine ;  and  in  complying  with 
the  requirements  of  the  statute,  the  term  also  applies  to  the 
condition  in  which  the  top  shall  be  kept,  and  is  not  confined 
to  the  underground  operations  of  the  mine  or  plant  and  to 
the  shaft.  Spring  Valley  Coal  Co.  v.  Greig  (1907),  226  Ill. 
511,  516. 


77 


Repeal. 

§  31.  That  an  Act  entitled,  “An  Act  to  revise  the 
laws  in  relation  to  coal  mines  and  subjects  relating 
•  .thereto,  and  providing  for  the  health  and  safety  of 
persons  employed  therein,”  approved  April  18,  1899, 
and  in  force  July  1,  1899,  with  amendments  to  July 
1,  1919 ;  also 

An  Act  entitled,  “An  Act  to  prohibit  the  -use  of 
certain  oils  in  coal  mines  and  penalties  for  infraction 
of  same,”  approved  April  30,  1895,  in  force  July  1, 
1895 ;  also 

An  Act  entitled,  “An  Act  concerning  the  use  of 
powder  in  coal  mines,”  approved  and  in  force  May  14, 
1903,  as  amended  by  an  Act  approved  May  24,  1907, 
in  force  July  1,  1907 ;  also 

An  Act  entitled,  “An  Act  to  provide  for  the 
weighing  of  coal  at  the  mines,  and  to  repeal  a  certain 
Act  therein  named,”  approved  June  17,  1887,  in  force 
July  1,  1887,  be  and  each  of  said  Acts  is  hereby 
repealed. 


78 


EMINENT  DOMAIN. 


An  Act  to  revise  the  law  in  relation  to  mines.  Ap¬ 
proved  March  2Jt,  in  force  Judy  1,  187 Jf. 

Eminent  Domain,  Road  or  Railroad. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  whenever  any  mine  or  mining  place  shall 
be  so  situated  that  it  cannot  be  conveniently  worked 
without  a  road  or  railroad  thereto,  or  ditch  to  drain 
the  same  or  to  convey  water  thereto,  and  such  road, 
railroad  or  ditch  shall  necessarily  pass  over,  through 
or  under  other  land  owned  or  occupied  by  others,  the 
owner  or  operator  of  any  such  mine  or  mining  place 
may  enter  upon  such  lands,  and  construct  such  road, 
railroad  or  ditch,  upon  complying  with  the  law  in 
relation  to  the  exercise  of  the  right  of  eminent 
domain. 

And  the  commissioners  of  highways  of  any  county 
under  township  organization,  and  the  county  board 
in  counties  not  under  township  organization,  may, 
when  the  public  good  requires,  cause  to  be  laid  out 
and  opened  public  highways,  or  private  roads  or  cart¬ 
ways,  from  any  coal  mine  to  a  public  highway  or  to  a 
railway,  as  the  public  good  may  require,  in  the  same 
.way  as  now  or  may  hereafter  be  provided  by  law  for 
the  laying  out  and  opening  of  public  highways  or 
private  roads  or  cartways,  and  may  permit  the 
owner,  lessee  or  operator  of  any  coal  mine  to  lay 
down  and  operate  a  horse  or  dummy  railway  thereon, 
or  upon  any  highway  or  private  road  or  cartway  now 
or  hereafter  laid  out  and  opened  for  public  or  public 
and  private  use,  but  always  in  such  a  manner  and 


79 


way,  and  upon  such  place  thereon,  as  to  not  unneces¬ 
sarily  interfere  with  ordinary  public  travel. 

Trespass,  Siu'veyor. 

§  2.  If  the  owner  of  any  land  adjacent  to  any 
lands  worked  as  lead,  coal,  iron  or  other  mine,  shall 
make  complaint;  in  writing,  verified  hy  affidavit,  to 
the  judge  of  any  court  of  record  in  the  county  where 
the  land  is  situated,  that  he  has  reasonable  grounds 
to  believe,  and  does  believe,  that  the  owner  or  opera¬ 
tor  of  such  mine  is  trespassing  upon  his  lands  hy  min- 
ii]g  thereon,  it  shall  he  the  duty  of  the  judge  to 
appoint  some  county  survejx)r  or  other  competent  and 
suitable  person  to  descend  into  such  mine,  and  make 
such  examinations  and  surveys  as  may  he  necessary 
to  ascertain  whether  the  same  is  being  worked  upon 
the  land  of  the  person  making  the  complaint. 

Surveyor,  Powers,  Penalty. 

§  3.  The  person  so  appointed  shall  have  the 
right,  at  all  reasonable  times,  to  descend  into  such 
mine  and  make  such  examinations  and  surveys ;  and 
whoever  shall  willfully  obstruct  or  hinder  such  per¬ 
son  from  entering  into  any  such  mine,  or  any  gallery 
or  place  therein,  or  from  making  any  such  examina¬ 
tion  or  survey,  shall,  for  each  offense,  be  fined  not 
exceeding  $200,  to  be  recovered  before  any  justice  of 
the  peace  of  the  county.  Any  person  accepting  any 
such  appointment,  and  failing  or  refusing  to  make 
such  survey  upon  the  request  of  the  petitioner,  may 
be  proceeded  against  as  for  a  contempt  of  court,  or  he 
may  be  fined  not  exceeding  $500. 

Exa m ina t i on.  Expenses. 

§  4.  The  expense  of  such  examination  and  survey 
shall  be  paid  by  the  person  making  the  complaint,  but 
if  such  person  shall  recover  damages  against  the 
owner  or  operator  of  such  mine  for  working  the  same 
upon  his  land,  he  shall  have  the  right  to  have  such 
expense  added  to  the  damages. 


80 


Trespass,  Penalty. 

§  5.  Whoever  shall  willfully  trespass  upon  the 
land  of  another  by  mining  thereon,  shall,  in  addition 
to  the  damages  now  authorized  by  law  be  liable  to  a 
penalty  not  to  exceed  $500,  which  may  be  recovered 
in  an  action  of  debt  by  the  owner  thereof,  in  any 
court  of  competent  jurisdiction. 

Mining  Rights,  Conveyance. 

§  6.  Any  mining  right,  or  the  right  to  dig  for  or 
obtain  iron,  lead,  copper,  coal,  or  other  mineral  from 
land,  may  be  conveyed  by  deed  or  lease,  which  may  be 
acknowledged  and  recorded  in  the  same  manner  and 
with  like  effect  as  deeds  and  leases  of  real  estate. 

Mining  Rights,  Taxation. 

§  7.  When  the  owner  of  any  land  shall  convey,  by 
deed  or  lease,  any  mining  right  therein,  such  convey¬ 
ance  shall  be  considered  as  so  separating  such  right 
from  the  land  that  the  same  shall  be  taxable  sepa¬ 
rately,  and  any  sale  of  the  land  for  any  tax  or  assess¬ 
ment  shall  not  include  or  affect  such  mining  right. 

Lead  Mineral,  Record. 

§  8.  Every  person  purchasing  lead  mineral  shall 
keep  a  book,  in  which  he  shall  keep  an  account  of  all 
lead  mineral  purchased  by  him,  stating  clearly  the 
amount,  from  whom  and  time  when  purchased,  and 
the  place  where  it  was  dug;  and  for  the  purpose  of 
ascertainhig  such  facts,  he  shall  make  diligent  in¬ 
quiry  of  the  person  offering,  such  mineral  for  sale, 
and  if  satisfactory  answers  are  not  given,  it  shall  not 
be  lawful  for  him  to  buy  the  same. 

Lead  Mineral,  Record,  Inspection. 

§  9.  Such  purchaser  shall  keep  such  book  at  his 
usual  place  of  business,  open  at  all  reasonable  times 
for  the  inspection  of  miners,  owners  of  mineral  lands, 
and  smelters  of  lead  ore. 


81 


Lead  Mineral,  Purchaser,  Statement. 

§  10.  When  any  such  purchaser  has  not  a  usual 
place  of  business,  he  shall,  within  twenty-four  hours 
from  the  time  of  making  any  such  purchase,  make 
return  to  the  nearest  smelter  of  lead  ore  to  the  place 
of  procuring  the  same,  stating  the  amount  thereof, 
when,  of  whom  and  where  purchased,  and  from  what 
place  the  same  was  dug  or  taken ;  and  such  smelter 
shall  minute  the  same  in  his  book,  to  be  kept  pursuant 
to  this  Act. 

Lead  Mineral,  Purchase. 

§  11.  No  person  shall  be  allowed  to  purchase  lead 
mineral  from  any  child  under  twelve  years  of  age. 

Lead  Mineral,  Purchase,  Penalties. 

§  12.  Any  person  who  shall  purchase  lead  mineral 
without  keeping  the  book  or  making  the  entries  or 
returns  as  herein  provided,  or  shall  refuse  to  allow 
their  inspection  as  herein  provided,  shall  forfeit  for 
each  offense  the  sum  of  $25 ;  and  whoever  violates  any 
of  the  other  provisions  of  the  four  preceding  sections, 
shall  forfeit  for  the  first  offense  the  sum  of  $5  and 
costs,  and  for  every  subsequent  offense  $10  and  costs 
— one-half  to  the  informer,  and  the  other  half  to  the 
school  fund  of  the  school  district  where  the  suit  is 
brought.  Said  penalties  shall  be  recoverable  by  action 
of  debt  before  any  justice  of  the  peace  of  the  county 
where  the  offense  is  committed. 

WAGES  OF  MINERS  AND  LABORERS  AT  COAL 
MINES  LIEN  ON  ALL  PROPERTY. 

An  Act  to  protect  laborers  and  miners  for  labor  per- 
foi'med  in  developing  and  working  in  coal  mines. 
Approved  June  21,  1895,  in  force  July  1,  1895.  L. 
1895,  p.  242. 

Wages,  Lien. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State-  of  -  Illinois,  represented  in  the  General  Assem- 


82 


1)1  y:  That  every  laborer  or  miner  who  shall  perform 
labor  in  opening  and  developing  any  coal  mine,  includ¬ 
ing  sinking  shafts,  constructing  slopes  or  drifts,  min¬ 
ing  coal  and  the  like,  shall  have  a  lien  upon  all  the 
property  of  the  person,  tirm  or  corporation  owning, 
constructing  or  operating  such  mine,  used  in  the  con¬ 
struction  or  operation  thereof,  including  real  estate, 
buildings,  engines,  cars,  mules,  scales  and  all  other 
personal  property,  for  the  value  of  such  labor  for  the 
full  amount  thereof,  upon  the  same  terms,  with  the 
same  rights  and  to  be  secured  and  enforced  as 
mechanics’  liens  are  secured  and  enforced. 

MIXERS  TO  BE  PAID  IX  LAWFUL  MOXEY  FOR 

ALL  COAL  MIXED. 

An  Act  to  provide  for  the  payment  of  coal  miners  for 
all  coal  mined  hy  them,  and  providing  additional 
duties  for  mine  inspectors.  Approved  June  3, 
1897,  in  force  July  1,  1897.  L.  1897,  p.  270. 

Wages,  Payment. 

Section  1.  Be  it  enacted  Oy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Asseyn- 
hly:  That  every  person  engaged  in  mining  coal  for 
.any  corporation,  company,  firm  or  individual,  shall 
be  paid  in  lawful  money  of  the  United  States  for  all 
coal  mined  and  loaded  into  the  min[ing]  car  by  such 
person  for  such  corporation,  company,  firm  or  indi¬ 
vidual,  including  lump,  egg,  nut,  pea  and  slack,  or 
such  other  grades  as  said  coal  may  be  divided  into, 
at  such  price  as  may  be  agreed  upon  by  the  respective 
parties.* 

Investigation  and  Prosecution. 

§  2.  It  shall  be  the  duty  of  the  mine  inspector  to 
ascertain  whether  or  not  the  provisions  of  section  1 

*The  payment  of  compensation  under  contract  by  different 
means  or  upon  a  different  basis  than  that  specified  in  the 
act  constitutes  no  violation  of  this  statute.  Whitehreast 
Fuel  Co.  V.  People  (1899),  175  Ill.  51,  55. 


83 


of  this  Act  are  l)einj?  complied  with  in  his  district, 
and  if  he  shall  find  that  any  corporation,  company, 
firm  or  individual  are  violating  the  provisions  of  sec¬ 
tion  1  of  this  Act,  it  shall  he  his  duty  to  at  once  have 
instituted  suit  in  the  name  of  the  People  of  the  State 
of  Illinois,  in  some  court  of  competent  jurisdiction, 
for  the  recovery  of  the  i)enalty  provided  for  in  this 
Act,  and  it  shall  he^the  duty  of  the  State's  Attorney 
of  the  county  in  wliicli  such  suit  is  brought,  when 
notified  by  the  mine  inspector,  to  prosecute  such  suit, 
as  provided  by  law  in  otho^  State  cases. 


Violation,  Penalty. 

§  3.  Every  corporation,  company,  firm  or  individ¬ 
ual  violating  the  provisions  of  this  Act  shall  be  fined 
not  less  than  $25.00  nor  more  than  $200  for  each 
olfense. 


SHOT  FIRERS  IN  COAL  MINES. 

An  Act  to  amend  an  Act  entitled,  ''An  Act  providing 
that  operators  of  mines  shall  furnish  shot  firers 
in  mines  where  shooting  and  blasting  is  done,  ap¬ 
proved  May  18,  1905,  in  force  July  1,  1905.’' 
Approved  May  20,  1907,  in  force  July  1,  1907. 
L.  1907,  p.  401.* 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly: 
That  an  Act  entitled,  “An  Act  providing  that  opera¬ 
tors  of  mines  shall  furnish  shot  firers  in  mines  where 
shooting  and  blasting  is  done,”  approved  May  18, 
1905,  in  force  July  1,  1905,  be  and  the  same  is 
amended  to  read  as  follows.: 


*This  law  is  not  amendatory  of  the  Mining  act  of  1899, 
although  it  relates  to  matters  which  might  properly  have 
been  included  in  that  act.  It  is  an  independent  act  giving- 
no  right  of  action  for  the  death  of  a  miner  who  has  been 
fatally  injured  as  a  result  of  shot-firing  in  a  mine.  Hol- 
linysworth  v.  Chicago  &  Carterville  Coal  Co.  (1909),  243 
Ill.  98. 


84 


Shot  Fwers,  Furnishing. 

§  2.  In  all  mines  in  this  State  where  coal  is 
blasted,  and  where  more  than  two  pounds  of  powder 
is  used  for  any  one  blast ;  and,  also  in  all  mines  in 
this  State  where  gas  is  generated  in  dangerous 
quantities,  a  sufficient  number  of  practical,  experi¬ 
enced  miners,  to  be  designated  as  shot  firers,  shall  be 
employed  by  the  company,  and  at  its  expense,  whose 
duty  it  shall  be  to  inspect  and  do  all  the  firing  of  all 
blasts,  prepared  in  a  practical,  workmanlike  manner 
in  said  mine  or  mines.  (Amended  by  Act  approved 
June  27,  1913,  in  force  July  1,  1913.  L.  1913,  p.  442.) 

Shot  Fired,  Notice,  Record. 

§  3.  The  shot  firers  shall,  immediately  after  the 
completion  of  their  work,  post  a  notice  in  a  conspicu¬ 
ous  place  at  the  mine,  in  which  shall  be  indicated  the 
number  of  shots  fired ;  also  the  number  of  shots  they 
did  not  fire,  if  any,  specifying  the  number  of  the 
room  and  designation  of  the  entry,  and  giving  reasons 
for  not  firing  the  same.  In  addition  they  shall  also 
keep  a  daily  permanent  record,  in  which  shall  be 
entered  the  number  of  shots  or  blasts  fired,  the  num¬ 
ber  of  shots  or  blasts  failing  to  explode,  and  the  num¬ 
ber  of  shots  or  blasts  that  in  their  judgment  were  not 
properly  prepared  and  which  they  refused  to  fire, 
giving  reasons  for  same ;  the  record  to  be  in  the  cus¬ 
tody  of  the  mine  manager  and  to  be  available  for 
inspection  at  all  times  by  parties  interested. 

Blasting. 

§  4.  The  superintendent  or  mine  manager  shall 
not  permit  the  shot  firers  to  do  any  blasting,  explod¬ 
ing  of  shots, -or  do  any  firing  whatever  until  each  and 
every  miner  and  employee  is  out  of  the  mine  except 
the  shot  firers,  mine  superintendent,  mine  manager 
and  man  or  men  necessarily  engaged  in  charge  of  the 
pumps  and  stables :  Provided,  however,  that  nothing 
in  this  section  shall  be  construed  to  prohibit  the 


85 


oinployiiient  in  such  mine  of  a  reasonably  necessary 
number  of  men  during  such  time  for  the  purpose  of 
securing  the  workings  in  case  of  fire  therein. 

Drill  Holes,  Alteration. 

§  5.  No  miner  or  other  person  shall  alter  or 
change  any  drill  hole,  by  increasing  its  depth,  diam¬ 
eter  or  otherwise,  after  the  same  shall  have  been 
approved  by  the  shot  firer. 

Unlawful  Shots. 

§  6.  No  shot  firer,  whether  voluntarily,  or  by 
command  or  request  of  any  person,  shall  fire  any 
unlawful  shot,  or  any  shot  which  in  his  judgment, 
exercised  as  aforesaid,  from  his  inspection  thereof, 
made .  as  aforesaid,  shall  not  be  a  workmanlike, 
proper  and  practical  shot. 

Unlawful  Shot,  Ordering. 

§  7.  No  person  or  persons  shall  order,  command 
or  induce  by  threat  or  otherwise,  any  shot  firer  to  fire 
any  unlawful  shot,  or  any  shot  which  in  his  judg¬ 
ment,  after  due  inspection,' shall  not  be  a  workman¬ 
like,  proper  and  practical  shot. 

No  person  shall  drill  or  shoot  a  dead  hole  as 
hereinafter  defined.  A  “dead  hole”  is  a  hole  where 
the  width  of  the  shot  at  the  point  measured  at  right 
angles  to  the  line  of  the  hole  is  so  great  that  the  heel 
is  not  of  sutficient  strength  to  at  least  balance  the 
resistance  at  the  point.  The  heel  means  that  part  of 
the  shot  which  lies  outside  of  the  powder.  (Amended 
by  Act  approved  June  27,  1913,  in  force  July  1,  1913. 
L.  1913,  p.  442.) 

Violations,  Penalty. 

§  8.  Any  willful  neglect,  refusal  or  failure  to  do 
the  things  required  to  be  done  by  any  section,  clause 
or  provision  of  this  Act  on  the  part  of  the  person  or 
persons  herein  required  to  do  them,  or  any  violation 


86 


of  any  of  the  provisions  or  requirements  thereof,  or 
any  attempt  to  obstruct  or  interfere  with  any  person 
in  the  discharge  of  the  duties  herein  imposed  upon 
them,  or  any  refusal  to  comply  with  the  provisions  of 
this  Act,  shall  be  deemed  a  misdemeanor,  punishable 
by  a  fine  not  less  than  one  hundred’ dollars  and  not 
to  exceed  two  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  period  not  exceeding  three 
months,  or  both,  at  the  discretion  of  the  court : 
Provided,  that  whoever  shall  discover  that  any  sec¬ 
tion  of  this  Act,  or  part  thereof,  is  being  neglected  or 
violated  shall  report  the  same  to  the  superintendent 
of  the  mines  and  ask  immediate  compliance  there¬ 
with  ;  and  in  case  of  a  continued  failure  to  comply 
shall,  through  the  State’s  Attorney,  or  any  other 
attorney  in  case  of  his  failure  to  act  promptly,  take 
the  necessary  legal  steps  to  enforce  compliance  here¬ 
with,  through  and  by  means  of  the  penalties  herein 
prescribed. 

FIRE  FIGHTING  EQUIPMENT  IN  COAL  MINES. 

An  Act  to  require  fire  fighting  equipment  and  other 
means  for  the  prevention  and  controlling  of  fires 
and  the  prevention  of  loss  of  life  from  fires  in 
coal  mmes.  Approved  and  in  force  March  8, 
1910,  L.  1910,  p.  84. 

Fire  Fighting  Equipment,  Requirements. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly : 
On  and  after  July  1,  1910,  except  as  hereinafter  in 
section  6  of  this  Act  is  provided,  the  following  re¬ 
quirements  for  fire  fighting  equipment  and  other 
means  for  the  prevention  and  controlling  of  fires  and 
the  prevention  of  loss  of  life  from  fires  in  coal  mines 
shall  be  strictly  observed  hy  all  persons,  firms,  corpo¬ 
rations  or  associations  maintaining  and  operating  a 
coal  mine  wihtin  the  State  of  Illinois.  (Amended  by 


87 


Act  approved  June  23,  1915,  in  force  July  1,  1915. 
L.  1915,  p.  522.) 

Water  Supply,  Hose  Conneetions,  Automatic  Sprink- 

ler,  Water  Barrels,  Chemical  Fire  Extinguishers. 

§2.  (a)  There  shall  he  provided  a  supply  of 
water  for  fighting  fire  underground  which  shall  have 
a  head  from  a  standing  body  in  a  pipe,  tank  or  pond. 

(h)  Such  water  supply  shall  he  conducted  into 
the  mine  in  an  iron  or  steel  pipe  or  pipes  not  less  than 
two  inches  in  diameter,  which  shall. have  not  less  than 
two  hose  connections  at  the  bottom  of  the  hoisting 
shaft,  and  two  hose  connections  at  the  bottom  of  the 
air  and  escapement  shaft  designated  as  such  under 
the  law,  and  two  hose  connections  in  each  stable 
which  is  located  less  than  five  hundred  (500)  feet 
from  the  bottom  of  either  of  said  shafts ;  and  there 
shall  be  iron  or  steel  pipes  not  less  than  two  inches 
in  diameter  in  the  entries  and  passageways  leading 
from  the  bottom  of  each  of  said  shafts  to  such  extent 
and  such  position  that  with  one  (1)  fifty-foot  length 
of  hose  the  water  may  be  carried  into  all  such  entries 
and  passageways  within  three  hundred  (300)  feet 
from  the  bottom  of  each  of  said  shafts  and  into  the 
corresponding  area  in  slope  and  drift  mines,  such 
area  to  be  designated  in  this  Act  as  the  fire  protected 
area. 

(c)  Provided,  that  in  mines  having  one  hundred 
and  twenty-five  (125)  feet  or  less  head  at  the  bottom 
of  the  incoming  supply  pipe,  the  incoming  pipes  and 
the  pipes  having  hose  connections  shall  be  not  less 
than  three  (3)  inches  in  diameter.  The  pipe  in  the 

•mine  shall  have  hose  connections  not  more  than  fifty 
(50)  feet  apart  beginning  at  the  bottom  of  the  incom¬ 
ing  supply  pipe  or  pipes. 

(d)  There  shall  be  kept  constantly  on  hand  at 
the  bottom  of  each  shaft  where  hose  connections  are 
required,  in  condition  for  immediate  use,  not  less  than 
two  (2)  fifty  (50)  foot  lengths  of  one  and  one-half 


88 


(1^)  inch  inside  diameter  linen  hose  or  rubber  lined 
cotton  hose,  which  shall  have  been  tested  to  a  pres¬ 
sure  of  two  hundred  (200)  pounds  to  the  square 
inch  •  all  of  such  hose  and  connections  therefor  on  the 
supply  pipes  shall  have  American  standard  iron  pipe 
threads.  The  nozzles  on  such  hose  shall  be  not  less 
than  three-eighths  (%)  nor  more  than  five-eighths 
(%)  inch  in  diameter. 

(e)  Where  any  part  of  any  passage  or  other 
excavation  within  one  hundred  and  fifty  (150)  feet 
of  the  bottom  of  the  hoisting  shaft  or  the  air  and 
escapement  shaft  designated  as  such  under  the  law 
and  in  the  corresponding  area  in  slope  or  drift  mines 
is  timbered  with  cribbing  or  more  than  one  layer  of 
lagging  not  including  caps  or  wedges,  above  the  cross¬ 
bars,  there  shall  be  two  lines  of  automatic  sprinklers 
on  the  under  side  of  such  timbering,  attached  to  not 
less  than  one  and  one-half  (1%)  inch  pipes  connected 
with  the  fire  fighting  water  supply,  and  such  sprink¬ 
lers  shall  not  be  more  than  ten  (10)  feet  apart. 

(f)  In  cribbing  or  lagging  as  last  aforesaid, 
which  is  more  than  three  (3)  feet  in  vertical  thick¬ 
ness,  there  shall  be  also,  as  near  the  top  thereof  as 
is  practicable,  automatic  sprinklers  connected  with 
the  water  supply  as  last  aforesaid  and  there  shall  be 
one  such  sprinkler  for  each  eight  (8)  feet  square  or 
horizontal  area  of  such  cribbing  or  lagging. 

(g)  In  every  underground  stable,  located  within 
one  thousand  (1,000)  feet  of  the  hoisting  shaft  or  the 
air  and  escapement  shaft  designated  as  such  under 
the  law,  there  shall  not  be  less  than  one  (1)  auto¬ 
matic  water  sprinkler  for  each  area  eight  (8)  feet 
square  in  said  stable ;  such  automatic  sprinklers 
shall  be  connected  with  iron  or  steel  pipes  not  less 
than  one  and  one-half  (1^)  inches  in  diameter  along 
the  roof  or  ceiling  in  the  stable,  which  shall  be  con¬ 
nected  with  the  fire  fighting  water  supply. 

(h)  All  automatic  sprinklers  shall  be  of  the 
fusible  plug  type  and  shall  not  require  a  tempera- 


89 


lure  of  more  than  one  linndred  and  sixty-five  (Ido) 
degrees  Falirenheit  to  release  tlie  water. 

(i)  In  all  nndergronnd  stabh's  other  than  those 
heretofore  in  this  Aet  referred  to,  there  shall  he  kept 
barrels  full  of  water  and  two  metal  iiails  with  each 
barrel.  Such  barrels  shall  he  not  more  than  fifty 
(50)  feet  apart,  and  there  shall  not  he  less  than  two 
(2)  barrels  fnll  of  water  and  two  (2)  metal  pails 
with  each  barrel  in  each  entry  or  passageway  into 
which  such  stable  opens  and  not  more  than  fifty 
(50)  feet  from  the  opening  of  the  stable. 

(j)  There  shall  also  he  one  (1)  not  less  than 
two  and  one-half  (2^/^)  gallon  chemical  fire  ex¬ 
tinguisher,  or  its  equivalent,  as  approved  by  the 
Department  of  Mines  and  Minerals,  and  two  (2)  not 
less  than  six  (G)  gallon  hand  pump  buckets  in  each 
stable  and  in  each  entry  or  passageway  into  which 
such  stable  opens  not  more  than  fifty  (50)  feet  from 
the  opening  of  such  stable :  Provided,  that  in  mines 
employing  ten  (10)  men  or  less  underground,  the 
chemical  fire  extinguishers  shall  not  be  required. 
Such  chemical  fire  extinguishers  and  hand-pump 
buckets  shall  he  kept  filled  and  ready  for  use. 

(k)  Provided,  hoivever,  that  in  coal  mines  in 
which  less  than  ten  (10)  men  are  employed,  in  wdiich 
there  are  no  stables,  in  lieu  of  said  water  supply  with 
pipes  and  hose,  there  may  be  substituted  the  follow¬ 
ing  :  There  shall  be  kept  within  the  fire  protected 
area  in  each  such  mine,  barrels  full  of  water  not  more 
than  fifty  (50)  feet  apart,  and  with  each  barrel  there 
shall  be  two  metal  buckets ;  and  there  shall  also  be 
kept  within  said  area  not  less  than  six  (6)  hand- 
pump  buckets  of  not  less  than  six  (6)  gallons 

■  capacity,  and  said  buckets  shall  be  kept  filled  and 
•ready  for  use. 

(l)  A  barrel  within  the  meaning  of  this  Act 
sliall  be  any  substantial  vessel  holding  not  less  than 
fifty  (50)  gallons. 

(m)  All  mines  shall  have  at  least  one,  not  less 


90 


than  two  and  one-half  (2%)  gallon  chemical  fire 
extinguisher,  or  its  equivalent  as  approved  by  the 
Department  of  Mines  and  Minerals,  and  one  not  less 
than  six  (6)  gallon  hand-pump  bucket,  including 
those  hereinbefore  in  this  Act  required,  for  each  fifty 
(50)  employees  in  the  mine  with  a  minimum  of  six 
(G)  extinguishers  and  six  (G)  ijump  buckets,  kept  at 
convenient  places  designated  by  the  mine  manager 
throughout  the  mine,  and  three  (3)  fire  extinguish¬ 
ers  of  two  and  one-half  (2i/^)  gallons  each,  or  its 
equivalent  as  approved  by  the  Department  of  Mines 
and  Minerals,  in  each  building  located  within  one 
hundred  (100)  feet  of  any  shaft,  drift  or  slope,  and 
such  extinguishers  shall  be  recharged  once  every  six 
months  and  a  record  made  of  the  date  of  recharging 
in  the  mine  examiner’s  report  book :  Provided,  this 
does  not  apply  to  buildings  constructed  of  fireproof 
material.  Such  extinguishers  and  buckets  shall  be 
kept  filled  and  ready  for  use :  Provided,  that  in 
mines  employing  ten  (10)  men  or  less  underground, 
the  chemical  fire  extinguishers  shall  not  be  required. 
(Amended  by  Act  approved  June  27,  1917,  in  force 
July  1,  1917.  L.  1917,  p.  59G.) 

Drainage,  Water  Pressure. 

§  3.  During  the  cold  weather  months  the  water 
pipes  shall  be  kept  drained,  but  the  supply  must  be 
kept  so  that  by  opening  a  valve  easily  accessible  on 
top,  the  water  will  be  promptly  available  at  all  times 
in  the  supply  pipes  underground.  The  water  pressure 
in  said  pipes  to  which  hose  is  to  be  connected  shall 
not  be  less  than  twenty-four  (24)  pounds  per  square 
inch,  nor  more  than  seventy  (70)  pounds  per  square 
inch  at  a  point  not  less  than  two  hundred  and  fifty 
(250)  feet  from  the  bottom  of  the  shaft  or  the  corre-, 
spending  position  in  slopes  and  drifts ;  and  there  shall 
be  a  pressure  gauge  with  dial  at  said  point.  When 
the  water  pressure  in  the  pipes  leading  into  the  mine 
is  higher  than  seventy  (70)  pounds  per  square  inch  at 


01 


the  pressure  gauge,  there  shall  be  a  valve  on  the  in¬ 
coming  supply  pipe  to  control  the  pressure  into  the 
branch  pipes  in  the  mine,  and  there  shall  be  a  shut-oft' 
valve  on  every  branch  pipe  at  the  connection  of  such 
pipe  with  the  pipe  from  which  it  leads. 

Underground  Stahlcs;  Hug,  Bedding  and  Feed;  Light. 

§4.  (a)  No  underground  stable,  unless  so  con¬ 
structed  as  to  be  tireproof  throughout,  shall  be 
nearer  than  six  ((>)  yards  to  any  regular  traveling 
way,  and  every  underground  stable  shall  have  at  each 
opening  a  tireproof  door  with  a  door  frame  of  con¬ 
crete,  stone  or  brick  laid  in  mortar. 

(b)  Every  such  stable,  which  contains  more  than 
ten  (10)  stalls,  shall  have  a  cement  or  brick  parti¬ 
tion,  with  a  fireproof  door  therein,  for  each  ten  (10) 
stalls  or  less ;  or,  in  lieu  of  said  partition,  the  stable 
shall  be  lined  with  cement  plaster  or  wire  lathing  or 
other  fireproof  material,  where  inflammable  material 
is  exposed. 

(c)  All  hay,  bedding  and  feed  underground,  ex¬ 
cept  that  in  the  mangers  and  stalls,  shall  be  kept  in 
a  closed  cement,  brick,  stone  or  metal  receptacle ;  and 
not  more  than  forty-eight  (48)  hours’  supply  of  hay 
or  bedding  shall  be  kept  underground,  and  not  more 
than  one  week’s  supply  of  grain. 

(d)  All  hay  and  bedding  taken  into  the  mine 
shall  be  baled.  Hay,  bedding  and  feed  shall  be  taken 
into  the  mine  only  in  a  closed  car  or  box,  which  shall 
be  kept  closed  until  the  materials  are  removed  to  the 
receptacles  provided  therefor. 

(e)  No  light  with  an  unprotected  flame  shall  be 
taken  into  an  underground  stable  by  any  person. 
(Amended  by  Act  approved  and  in  force  June  7, 
1911.  L.  1911,  p.  419.) 

Telephone  Lines,  Notice  of  Danger,  Rules  and  In¬ 
structions,  Fire  Drill. 

§5.  (a)  There  shall  be  a  system  of  party  line 


92 


telephones  which  shall  include  one  telephone  on  the 
surface  not  more  than  two  hundred  (200)  feet  from 
the  tipple,  and  one  at  the  bottom  of  the  hoisting  shaft, 
or,  in  slope  or  drift  mines  at  the  first  cross  entries  in 
operation ;  and,  in  addition  thereto,  there  shall  be  one 
telephone  at  each  inside  parting.  Telephone  lines 
shall  be  constructed  in  a  workmanlike  manner  and 
shall  be  repaired  promptly  when  necessary. 

(b)  On  becoming  aware  of  any  serious  danger  9 
requiring  the  inside  employees  to  come  out  of  the 
mine,  it  shall  be  the  duty  of  the  person  having 
charge  of  the  outside  or  inside  telephone  immediately 

to  give  notice  of  the  danger  to  the  other  telephone 
stations ;  and  it  shall  be  the  duty  of  all  persons  who 
receive  information  thereof  to  cooperate  in  giving 
notice  thereof  to  all  other  persons  in  the  mine.  It 
shall  be  the  special  duty  of  all  drivers,  motormen,  and 
trip  riders  to  notify  all  other  drivers,  motormen,  trip 
riders  or  miners  from  whom  they  haul  coal,  of  any 
danger  requiring  them  to  leave  the  mine. 

(c)  Certain  employees  whose  regular  work  is  in 
or  near  the  fire  protected  areas  shall  have  graded 
authority  and  designated  duties  in  case  of  fire ;  and 
rules  and  instructions  therefor  shall  be  included  in 
the  regular  rules  of  the  mine,  and  such  employees 
shall  be  instructed  therein  by  the  mine  manager. 

(d)  There  shall  be  a  fire  drill  of  such  employees 
not  less  often  than  once  in  two  weeks,  and  the  pipes, 
connections  and  hose  shall  be  tested  at  such  drills. 
(Amended  by  Act  approved  June  7,  1911.  L.  1911,  p. 

419.) 

Fire-proof  Construction. 

§  6.  The  following  requirements  also  shall  apply 
to  all  coal  mines  developed  within  the  State  of  Illi¬ 
nois  after  the  passage  of  this  Act :  Provided,  that  r 

paragraphs  (a)  and  (b)  shall  not  apply  to  mines  i 

where  ten  (10)  men  or  less  are  employed. 


93 


(a)  The  hoisting  shaft  and  the  air  and  escape¬ 
ment  shaft  designated  as  such  under  the  law  in  shaft 
mines  and  the  air  and  escapement  shaft  nearest  the 
main  opening  in  slope  or  drift  mines,  shall  be  of  fire¬ 
proof  construction  except  that  cage  guides  may  be 
wood.  All  drifts  and  slopes  that  are  opened  after  the 
passage  of  this  Act  must  be  of  fireproof  construction 
for  a  distance  of  three  hundred  (300)  feet  from  the 
entrance :  Provided,  that  this  section  shall  not  apply 
to  shafts  in  actual  course  of  construction  at  the  time 
this  Act  takes  effect. 

(b)  The  roof  and  walls  of  the  passageways  lead¬ 
ing  from  the  bottom  of  the  hoisting  shaft  and  the  air 
and  escapement  shaft  designated  as  such  under  the 
law,  within  a  distance  of  three  hundred  (300)  feet 
from  the  bottom  of  either  of  said  shafts,  shall  be  of 
fireproof  construction,  except  that  the  coal  rib  or 
pillar  may  be  used  as  a  wall  in  such  passageways. 

(c)  All  underground  stables  and  the  openings 
therein  shall  be  of  fireproof  construction. 

Stables  in  mines  opened  after  the  passage  of  this 
Act  shall  not  be  located  between  the  main  and  escape¬ 
ment  shaft,  or  in  direct  line  on  the  ventilating  current 
or  on  passageways  leading  to  the  escapement  shaft  or 
shafts. 

(d)  At  mines  constructed  in  conformity  with  the 
requirements  of  this  section  of  this  Act,  the  fire¬ 
fighting  equipment  described  in  section  2,  and  the  fire 
drill  described  in  section  5  of  this  Act  shall  not  be 
required,  except  that  there  shall  be  kept  at  convenient 
places  designated  by  the  mine  manager,  throughout 
each  mine,  one  not  less  than  two  and  one-half  (2%) 
gallon  chemical  fire  extinguisher,  or  its  equivalent 
as  approved  by  the  Department  of  Mines  and  Min¬ 
erals,  and  one  not  less  than  six  (6)  gallon  hand-pump 
bucket,  for  each  fifty  (50)  employees  in  the  mine  with 
a  minimum  of  six  (6)  extinguishers  and  six  (6) 
pump  buckets,  and  such  extinguishers  and  buckets 
shall  be  kept  filled  and  ready  for  use :  Provided,  that 
in  mines  employing  ten  (10)  men  or  less  underground, 
the  chemical  fire  extinguishers  shall  not  be  required. 


94 


(Amended  by  Act  approved  June  27,  1917,  in  force 
July  1,  1917.  L.  1917,  p.  596.) 

Violations,  Complaints,  Penalties. 

§  7.  ( a )  Any  willful  neglect,  refusal  or  failure  to 
obey  the  requirements  or  provisions  of  this  Act,  or 
willfully  giving  a  false  danger  signal  or  tampering 
with  any  of  the  appliances  required  by  the  provisions 
of  this  Act,  shall  be  deemed  a  misdemeanor,  punish¬ 
able  by  a  fine  of  not  less  than  fifty  dollars  ($50)  and 
not  to  exceed  two  hundred  dollars  ($200),  or  by  im¬ 
prisonment  in  the  county  jail  for  a  period  not  exceed¬ 
ing  three  (3)  months,  or  both,  in  the  discretion  of  the 
court. 

(b)  Upon  final  conviction  of  any  mine  manager 
or  any  miner,  under  the  provisions  of  this  Act,  his 
certificate  of  competency  shall  be  thereby  invalidated ; 
and  it  shall  be  the  duty  of  the  State  Mining  Board 
in  the  case  of  a  mine  manager  or  the  miner’s  examin¬ 
ing  board^which  shall  have  issued  such  certificate  in 
the  case  of  a  miner,  to  cancel  and  revoke  the  certifi¬ 
cate  of  competency  of  the  person  so  convicted ;  and 
such  person  shall  not  be  entitled  to  receive  another 
certificate  of  competency  within  three  (3)  months 
from  the  date  of  such  cancellation  and  revocation. 

(c)  If  any  State  Mine  Inspector,  or  any  county 
mine  inspector  shall  find  that  any  provision  of  this 
Act  is  being  violated,  it  shall  be  his  duty  to  file  a 
sworn  complaint  before  any  court  of  competent  juris¬ 
diction,  stating  the  facts  within  his  knowledge  in 
such  case  and  asking  that  the  person  charged  with 
such  violation  be  bound  over  to  the  next  grand  jury 
for  said  county ;  and  it  shall  be  the  duty  of  the  State’s 
Attorney  for  the  county  in  which  such  violation  occurs 
to  prosecute  such  complaint  as  provided  by  law  in 
other  State  cases. 

Each  county  mine  inspector  shall  report  at  least 
once  a  month  to  the  State  Mine  Inspector  for  the  dis¬ 
trict  in  which  said  county  mine  inspector  is  working. 


stating?  tlie  mines  he  has  examined,  the  violations  of 
this  Act  wliich  he  has  discovered  and  the  comi)laints 
lie  has  tiled  under  the  provisions  of  this  Act. 

(d)  If  the  couiitj"  mine  inspector  shall  fail  to  tile 
a  complaint,  as  herein  reipiired,  of  a  violation  of  this 
Act  which  he  shall  have  reported  to  the  State  Mine 
Inspector,  and  in  all  other  cases  of  violation  of  this 
Act  which  shall  have  come  to  the  knowledge  of  a 
State  Mine  Inspector  in  the  discharge  of  his  duties  it 
shall  he  the  duty  of  such  State  Mine  Inspector  to  file 
a  sworn  complaint  before  any  court  of  competent 
jurisdiction,  stating  the  facts  reported  to  him,  by  the 
county  mine  inspector,  or  coming  to  his  knowledge  in 
the  discharge  of  his  duties,  and  asking  that  the  person 
charged  with  such  violation  he  hound  over  to  the  next 
grand  jury  for  said  county ;  and  it  shall  he  the  duty 
of  the  State’s  Attorney  for  the  county  in  which  such 
violation  occurs  to  prosecute  such  complaint  as  pro¬ 
vided  by  law  in  other  State  cases. 

(e)  If  any  State  Mine  Inspector  or  any  county 
mine  inspector  shall  willfully  fail,  neglect  or  refuse  to 
file  a  complaint  as  herein  required,  or  shall  willfully 
disregard  the  duties  required  of  him  by  the  provisions 
of  this  Act,  a  sworn  complaint  may  he  filed  by  any 
person  having  knowledge  of  the  facts,  before  any 
court  of  competent  jurisdiction,  charging  said  county 
mine  inspector  or  said  State  Mine  Inspector,  as  the 
case  may  be,  with  nonfeasance  in  office  and  asking 
that  such  inspector  be  bound  over  to  the  next  grand 
jury  for  said  county,  and  the  State’s  Attorney  for  the 
county  in  which  such  violation  occurs  shall  prosecute 
such  complaint  as  provided  by  law  in  other  State 
cases. 

Upon  final  conviction  for  nonfeasance  in  office 
under  the  provisions  of  this  Act,  of  any  State  Mine 
Inspector  or  any  county  mine  inspector,  his  certificate 
of  qualification  or  of  competency,  as  the  case  may  be, 
shall  be  thereby  invalidated  and  he  shall  become  dis¬ 
qualified  from  holding  such  office,  and  such  person 


shall  not  be  entitled  to  receive  another  certificate  of 
qualification  or  of  competency,  as  the  case  may  he, 
within  three  (3)  months  from  the  date  of  such  final 
conviction.  (Amended  by  Act  approved  June  7,  1911, 
in  force  July  1,  1911.  L.  1911,  p.  419.) 

RESCUE  STATIONS  IN  COAL  FIELDS. 

An  Act  to  establish  and  maintain  in  the  coal  fields  of 

Illinois  mine  fire  fighting  and  rescue  stations. 

Approved  March  4,  1910,  m  force  July  1, 

1910.  Title  amended  hy  Act  approved  June  o, 

1911,  in  force  July  1,  1911,  L.  1910,  p.  2,  and  L. 

1911,  p.  4U- 

Rescue  Stations,  Numher, 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  for  the  purpose  of  providing  prompt  and 
eflicient  means  of  fighting  mine  fires  and  of  saving 
lives  and  property  jeopardized  by  fires,  explosions  or 
ether  accidents  in  coal  mines  in  Illinois,  there  shall  be 
constructed,  equipped  and  maintained  at  public  ex¬ 
pense  three  rescue  stations  to  serve  the  northern,  the 
central  and  the  southern  coal  fields  of  the  State. 

Commission,  Appointment,  Compensation. 

§  2.  The  Governor  shall  appoint  a  commission, 
consisting  of  seven  members,  including  two  coal  mine 
operators,  two  coal  miners,  one  State  Mine  Inspector, 
and  one  representative  of  the  Department  of  Mining 
at  the  University  of  Illinois,  and  one  representative  of 
the  Federal  Bureau  of  Mines.  Said  commission  shall, 
within  ten  days  after  their  appointment,  meet  and 
organize  by  electing  one  of  their  number  chairman 
and  another  secretary  of  said  commission,  who  shall 
hold  their  respective  offices  for  a  period  of  one  year 
from  the  date  of  their  election  and  until  their  suc¬ 
cessors  are  elected  and  qualified.  Members  of  the 


97 


said  commission  shall  receive  ten  dollars  ($10.00) 
per  day  for  services  rendered,  not  to  exceed  twenty-tive 
(25)  days  during  any  one  year,  and  all  members  of 
said  commission  shall  he  reimhiirscHl  for  actual  ex¬ 
penses  while  enga^^ed  in  official  work,  approved  hy 
the  commission ;  which  commission  shall  he  respon¬ 
sible  for  the  proper  carrying?  out  of  the  provisions  of 
this  Act.  (Amended  hy  Act  approvcnl  June  5,  1911, 
in  force  July  1,  1911.  L.  1911,  p.  424.)* 

Station,  Sites,  Cooperation. 

§  3.  The  said  commission  shall  provide  or  pur¬ 
chase  or  accept  as  a  gift,  suitably  located  sites  for  the 
stations,  temporary  and  permanent  (piarters  and  suit¬ 
able  equipment  and  materials  for  the  work :  Provided, 
hoivever,  that  the  total  cost  of  the  equipment  and 
maintenance  of  the  service  to  July  1,  1911,  shall  not 
exceed  seventy-five  thousand  (75,000)  dollars.  The 
said  commission  shall  further  arrange  for  coopera¬ 
tion  in  the  work  with  mine  owners,  miners  and  State 
and  Federal  organizations  so  as  to  render  the  service 
of  the  utmost  efficiency. 

Plans,  State  Architect. 

§  4.  The  State  Architect  shall,  as  provided  hy 
law,  furnish  plans  and  specifications  for  suitable 
buildings  as  required  by  said  commission. 

Superintendents  and  Assistants,  Numher,  Appoint¬ 
ment,  Instructions. 

§  5.  The  said  commission  shall  appoint  for  each 
station  a  superintendent  and  assistant.  Each  ap¬ 
pointee  shall  serve  for  a  term  of  two  years  and  until 
his  successor  is  appointed  and  qualified,  unless  sooner 
discharged  by  the  said  commission.  Each  appointee 
before  entering  upon  the  duties  of  his  office  shall  take 


•''Note — This  Commission,  Supt.,  etc.,  abolished.  Rights, 
powers,  etc.,  transferred  to  Dept,  of  Mines  and  Minerals. 
See  ch.  24^  Secs.  35  and  45.  Hurd’s  Revised  Statute,  1917. 


98 


and  subscribe  to  the  oath  of  office  as  provided  by  law. 
The  commission  shall  have  authority  to  pay  for  such 
assistants  as  may  be  needed  in  giving  instruction  in 
first  aid  to  the  injured  and  similar  technical  subjects, 
and  such  other  assistants  as  may  be  needed  from 
time  to  time  to  properly  carry  on  the  work  of  said 
rescue  stations  and  such  rescue  cars  and  sub-stations 
as  may  be  installed  in  connection  with  said  stations, 
but  not  more  than  two  extra  assistants  shall  be  em¬ 
ployed  for  each  rescue  car.  (Amended  by  Act  ap¬ 
proved  June  23,  1915,  in  force  July  1,  1915.  L.  1915, 
p.  527.) 

Hid  dries. 

§  6.  Each  station  superintendent  shall  receive  one 
hundred  and  twenty-five  dollars  per  month ;  and  each 
station  assistant  one  hundred  dollars  per  month ;  and 
each  appointee  shall  receive  his  necessary  and  actual 
expenses.  (Amended  by  Act  approved  June  23,  1915, 
in  force  July  1,  1915.  L.  1915,  p.  527.) 

Commission,  Duty. 

§  7.  The  said  commission  shall  supervise  the  work 
at  each  of  the  three  stations,  shall  purchase  necessary 
supplies,  and  shall  keep  a  complete  record  of  all 
operations  and  expenditures  and  an  invoice  of  all 
supplies  on  hand.  The  commission  shall  provide  that 
at  each  station  some  representative  shall  be  on  duty 
or  within  call  at  all  hours  of  the  day  and  night  for 
each  day  of  the  year.  (Amended  by  Act  approved 
June  23,  1915,  in  force  July  1,  1915.  L.  1915,  p.  527.) 

H ii peri nt end ents,  Duty. 

§  8.  Whenever  the  superintendent  of  any  station 
shall  be  notified  by  any  responsible  person  that  an  ex¬ 
plosion  or  accident  requiring  his  services  has  occurred 
at  any  mine  in  the  State,  he  shall  proceed  immediately 
with  suitable  equipment  and  on  arrival  at  the  said 
mine  shall  superintend  the  work  of  the  rescue  corps  in 


90 


saving?  life  and  property ;  and  he  shall  cooperate  with 
the  State  Mine  Inspector  and  the  management  of  the 
mine  in  the  rescue  work  to  such  extent  as  is  neces¬ 
sary  for  the  protection  of  human  life  in  the  mine, 
during  such  time  as  members  of  the  rescue  corps  are 
under  ground  and  while  there  is  reasonable  expecta¬ 
tion  that  men  entombed  in  the  mine  may  be  alive. 
(Amended  by  Act  approved  June  23,  1915,  in  force 
July  1,  1915.  L.  1915,  p.  527.) 

Bicnyiial  Report. 

§  9.  The  commission  shall  prepare  a  biennial  re¬ 
port  to  the  Governor  and  the  General  Assembly  with 
necessary  illustrations  showing  the  work  performed 
and  money  expended  by  the  mine  rescue  service ;  and 
the  State  Board  of  Contracts  is  hereby  directed  to 
print  and  bind  said  reports  promptly,  and  to  provide 
all  necessary  printing  for  the  mine  rescue  commission 
out  of  the  appropriations  for  such  board  of  contracts. 
The  Secretary  of  State  shall  assign  to  the  use  of  the 
commission  suitably  furnished  rooms  in  the  State 
House,  and  shall  also  furnish  w^hatever  blanks,  blank 
l)ooks,  printing,  stationery,  instruments  and  supplies 
the  commission  may  require  in  the  discharge  of  its 
duties  and  for  use  of  its  employees.  (Amended  by 
Act  approved  June  27,  1913,  in  force  July  1,  1913.  L. 
1913,  p.  433.) 

Appropriation. 

§  10.  To  carry  into  effect  the  provisions  of  this 
Act,  there  is  hereby  appropriated  the  sum  of  seventy- 
five  thousand  dollars  ($75,000.00)  of  any  money  in 
the  hands  of  the  State  Treasurer  not  otherwise  appro¬ 
priated  ;  and  the  Auditor  of  Public  Accounts  is  hereby 
directed  to  draw  his  warrants  on  the  Treasurer  on 
receipt  of  vouchers,  properly  certified  by  the  chairman 
and  secretary  of  said  commission  and  approved  by 
the  Governor. 


♦ 


100 


MINERS’  EXAMINING  BOARD. 

An  Act  to  provide  for  the  safety  of  persons  employed 
in  and  ahout  coal  mines,  and  to  provide  for  the 
examination  of  persoyis  seeking  employment 
therein  in  order  that  only  eompetent  persons  may 
he  employed  as  miners,  and  to  create  a  hoard  of 
examiners  for  this  purpose  and  to  provide  a  pen¬ 
alty  for  the  violation  of  the  same,  and  to  repeal 
an  Act  entitled,  ^'An  Act  to  amend  an  Act  en¬ 
titled,  'An  Act  to  provide  for  the  safety  of  persons 
employed  in  and  about  coal  mines  and  to  provide 
for  the  exambiation  of  persons  seeking  employ¬ 
ment  as  coal  miners,  and  providing  penalties  for 
the  violation  of  the  same,  approved  June  1,  1908, 
in  force  July  1,  1908f  approved  June  5,  1909,  in 
force  July  1,  1909 A  Approved  June  21,  191S,  in 
force  July  1,  191S.  L.  1913,  p.  438, 

Certificate  of  Competency,  Duplicates. 

Section  1.  Be  it  eyiacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly: 
That  hereafter  no  person  shall  be  employed  or  en¬ 
gaged  as  a  miner  in  any  coal  mine  in  this  State  with¬ 
out  having  first  obtained  a  certificate  of  competency 
and  qualification  so  to  do  from  the  “Miners’  Examin¬ 
ing  Board”  of  this  State,  created  by  this  Act.  Miners 
who  now  hold  certificates  heretofore  issued  by  any 
board  of  county  mine  examiners  of  this  State  may  be 
permitted  on  or  before  July  1,  1916,  to  produce  before 
the  Miners’  Examining  Board  created  by  this  Act, 
such  county  mine  examiners’  board  certificate,  or  if 
the  same  shall  have  been  lost  or  destroyed,  satisfac¬ 
tory  evidence  of  its  issuance ;  thereupon,  such  miner 
shall  be  entitled  to  receive  from  the  Miners’  Examin¬ 
ing  Board  created  by  this  Act,  the  certificate  herein 
provided  for,  which  substitute  certificate  shall  be 
issued  without  cost  to  said  miner.  After  the  first  day 
of  July,  1916,  no  miner’s  certificate  of  competency  or 


101 


(liuililication  shall  be  recognized  in  this  State,  except 
those  which  have  been  or  may  be  hereby  issued  by  the 
Board  created  by  this  Act : 

Pj'ovided,  lioivcver,  that  any  such  certified  miner 
may  have  one  person  working  with  him  and  under  his 
directions  as  an  apprentice  for  the  purpose  of  learn¬ 
ing  the  business  of  mining  and  becoming  qualified  to 
obtain  a  certificate  in  conformity  with  the  provisions 
of  this  Act.  (Amended  by  Act  approved  June  29, 
1915,  in  force  July  1,  1915.  L.  1915,  p.  525.) 

Miners^  Exanvinmg  Board,  Appointment,  Etc. 

§2.  (Repealed  by  implication.  See  Civil  Admin¬ 
istrative  Code.) 

Commissioners'  Qualifications,  Salary  and  Expenses. 

§§3and4.  (Repealed  by  implication,  as  above.) 

Organization,  Secretary,  Duties. 

§  5.  Immediately  after  the  appointment  or  reap¬ 
pointment  of  a  commissioner  in  each  and  every  year, 
the  said  board  shall  organize  by  selecting  one  of  its 
members  president  and  another  secretary  for  the  en¬ 
suing  year,  and  all  records,  reports,  books,  papers  and 
other  property  pertaining  to  the  ofiice  of  said  board 
shall  be  kept  by  the  secretary.  The  secretary  shall  be 
provided  with  a  seal  with  proper  device  and  on  the 
margin  thereof  shall  be  the  words,  “Miners’  Examin¬ 
ing  Board,  State  of  Illinois.” 

Examinations,  Time  and  Place,  Notice. 

§  6.  Such  board  shall  hold  an  examination  once  in 
each  calendar  month,  in  at  least  twelve  places  located 
most  conveniently  <with  reference  to  the  districts  in 
which  coal  is  mined  in  the  State  of  Illinois  so  that  all 
persons  in  such  district  or  in  this  State,  or  who  may 
wish  to  come  into  this  State,  for  the  purpose  of  en¬ 
gaging  in  mining,  may  be  examined  as  to  their  com¬ 
petency  and  qualifications.  Public  notice  of  said  ex- 


102 


amiuations  shall  be  given  through  the  press  or  other¬ 
wise  in  the  discretion  of  the  board,  not  less  than 
seven  days  in  advance  of  such  meeting,  which  notice 
shall  fix  the  time  and  place  at  which  any  examina¬ 
tion  under  this  Act  is  to  be  held.  (Amended  by  Act 
approved  June  29,  1915,  in  force  July  1,  1915.  L.  1915, 
p.  525.) 

Fees. 

§  7.  Each  applicant  for  the  certificate  provided 
for  herein  shall  pay  a  fee  of  $2  to  said  board.  Fees  so 
collected  during  each  month  shall,  before  the  10th  day 
of  the  following  month,  be  paid  by  the  board  to  the 
State  Treasurer,  together  with  a  report  showing  where 
and  from  whom  each  fee  was  collected. 

Examinations,  Certificates,  Record. 

§  8.  All  examinations  held  by  said  “Miners’  Ex¬ 
amining  Board”  shall  be  conducted  in  the  English 
language  and  shall  be  of  a  practical  nature  so  as  to 
determine  the  competency  and  qualification  of  the  ap¬ 
plicant  to  engage  in  the  business  of  mining.  Said 
board  shall  examine  under  oath  all  persons  who 
apply  for  certificates  as  to  their  previous  experience 
as  miners  and  shall  grant  certificates  of  competency 
or  qualification  to  such  applicants  as  are  qualified, 
which  certificates  shall  entitle  the  holder  thereof  to 
be  employed  as  and  to  do  the  work  of  miners  in  this 
State.  No  certificate  of  cpmpetency  shall  issue  or  be 
given  to  any  person  under  this  Act  unless  he  shall 
produce  evidence  of  having  had  not  less  than  two 
years’  practical  experience  as  a  miner  or  with  a 
miner,  and  in  no  case  shall  an  applicant  be  deemed 
competent  unless  he  appear  in  person  before  said 
board  and  orally  answer  intelligently  and  correctly  at 
least  twelve  practical  questions  propounded  to  him  by 
the  board  pertaining  to  the  requirements  and  qualifi¬ 
cations  of  a  practical  miner.  Said  board  shall  keep 
an  accurate  record  of  its  proceedings  and  meetings 


and  in  said  record  shall  show  a  correct  detailed  ac¬ 
count  of  the  examination  of  each  applicant  with  ques¬ 
tions  asked  and  their  answers,  and  at  each  of  its 
meetings  the  hoard  shall  keep  said  record  open  for 
public  inspection.  No  miners’  certificate  granted 
under  the  provision  of  this  Act  shall  he  transferable 
and  any  effort  to  transfer  the  same  shall  he  deemed 
a  violation  of  this  Act.  Such  certificates  shall  he 
issued  only  at  meetings  of  said  board  and  said  certifi¬ 
cates  shall  not  he  legal  unless  signed  by  at  least  two 
members  of  said  hoard  and  sealed  ^^ith  the  seal  of  the 
hoard  issuing  such  certificates. 

Annual  Report. 

§  9.  Said  hoard  shall  annually  on  the  first  day  of 
March  report  to  the  Governor,  in  writing,  what  exam¬ 
inations  it  has  held  and  what  work  it  has  done  during 
the  preceding  year,  together  with  such  recommenda¬ 
tions  as  it  may  deem  advisable  for  the  improvement 
of  the  method  of  holding  examinations  and  carrying 
out  the  purposes  of  this  Act. 

Violations,  Penalties. 

§  10.  No  person  shall  hereafter  engage  as  a  miner 
in  any  coal  mine  without  having  obtained  a  certificate 
of  qualification  as  provided  for  in  this  Act,  nor  shall 
any  person,  firm,  or  corporation  employ  as  a  miner  in 
his,  their  or  its  mine  in  this  State,  any  person  who 
does  not  hold  such  certificate,  nor  shall  any  mine  fore¬ 
man,  overseer,  or  superintendent  permit  or  suffer 
any  person  to  be  employed  under  him  or  in  any  mines 
under  his  charge  or  supervision  as  a  miner  in  any 
mine  in  this  State,  except  as  herein  provided,  who 
does  not  hold  such  certificate  of  qualification.  Any 
person,  firm  or  corporation  who  shall  violate  or  fail 
to  comply  with  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  misdemeanor  and  on  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  one 
hundred  dollars  ($100),  and  not  more  than  five  him- 


104 


clred  dollars  ($500),  or  shall  be  imprisoned  in  the 
county  jail  for  a  term  of  not  less  than  thirty  days, 
nor  to  exceed  six  months,  at  the  discretion  of  the 
court.  ,  " 

Complaints  and  Prosecution. 

§  11.  It  shall  be  the  duty  of  said  “Miners’  Exam¬ 
ining  Board”  to  report  all  complaints  or  charges  of  ’ 
non-compliance  with,  or  violation  of  the  provisions  of 
this  Act  to  the  State’s  attorney  of  the  county  in  which 
such  noii-compliance  or  violation  occurs,  and  it  shall 
be  the  duty  of  the  State’s  attorney  of  the  county 
wherein  the  complaints  or  charges  are  made,  to 
investigate  the  same  and  prosecute  all  persons  so 
offending. 

Oath,  Perjury. 

§  12.  In  order  to  more  effectively  carry  out  the 
intention  and  purposes  of  this  Act,  the  “Miners’  Ex¬ 
amining  Board”  shall  have  power  to  administer  oaths 
to  any  and  all  persons  who  are  applicants  or  may 
vouch  in  any  manner  for  the  service  or  qualification 
of  any  applicant  in  order  to  obtain  for  him  a  certifi¬ 
cate  hereunder,  and  any  person  who  shall  wilfully 
swear  or  falsely  testify  as  to  any  matter  material  to 
such  examination  or  as  to  the  service  or  qualification 
of  any  applicant,  shall  be  deemed  guilty  of  perjury 
and  shall  be  subject  to  the  penalties  thereof  as  pre¬ 
scribed  by  the  criminal  code  of  this  State. 

Removal  of  Commissioners. 

§  13.  The  Governor  shall  have  the  power  and 
authority  to  remove  any  of  said  commissioners  for  ^ 
neglect  of  duty,  incompetency,  or  malfeasance  in 
office,  and  upon  such  removal  shall  appoint  a  suc¬ 
cessor. 

hivalidity.  i 

§  14.  The  invalidity  of  any  section  or  part  of  this 

Act,  shall  in  no  manner  affect  the  validity  of  any 
\ 


105 


other  part  of  this  Act,  exclusive  of  such  invalid 
part  or  parts,  if  any. 

Repeal. 

§  15.  That  an  Act  entitled,  “An  Act  to  amend  an 
Act  entitled,  ‘An  Act  to  provide  for  the  safety  of  per¬ 
sons  employed  in  and  about  coal  mines,  and  to  pro¬ 
vide  for  the  examination  of  persons  seeking  employ¬ 
ment  as  coal  miners,  and  providing  penalties  for  the 
violation  of  the  same,  approved  June  1,  1908,’  ap¬ 
proved  June  5,  1909,  in  force  July  1,  1909,”  be  and  the 
same  is  hereby  repealed. 

OIL  AND  GAS  WELLS  AND  LEASES. 

Ax  Act  to  amend  an  Act  entitled,  Act  in  relation 
to  sinking,  filling-  and  operating  of  oil  or  gas 
ivells,  approved  and  in  force  May  16,  19051^  Ap¬ 
proved  and  in  force  June  7,  1911.  L.  1911,  p.  426. 
Section  1.  Be  it  enacted  Ijy  the  People  of  the 

State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  an  Act  entitled,  “An  Act  in  relation  to  sink¬ 
ing,  filling  and  operating  of  oil  or  gas  wells,  approved 
and  in  force  May  16,  1905,”  be  and  the  same  is  hereby 
amended  to  read  as  follows : 

Wells,  Distance. 

§  1.  No  oil  or  gas  well  shall  be  drilled  hereafter 
nearer  than  250  feet  to  any  opening  to  a  mine  used  as 
a  means  of  ingress  or  egress  for  the  persons  employed 
therein  or  which  is  used  as  an  air  shaft. 

Statement,  Map,  Record. 

§  2.  It  shall  be  the  duty  of  any  person,  firm  or 
corporation  having  the  custody  or  control  of  any  well 
drilled  for  gas  or  oil,  and  of  the  owner  of  the  land  in 
which  such  w^ell  is  drilledj  when  the  drill  hole  pene¬ 
trates  a  coal  seam,  to  file  in  the  oflice  of  the  recorder 
of  the  county  in  which  said  oil  or  gas  well  is  drilled. 


106 


and  in  the  office  of  the  State  Mining  Board,  within 
fifteen  days  after  completing  said  well,  a  statement 
and  map  giving  the  location  and  depth  of  every  well 
so  drilled  and  the  county  recorder  shall  file  and  enter 
and  index  the  same  in  the  records  of  his  office  relating 
to  the  titles  to  real  property. 

Abandoned  Well,  Plugging. 

§  3.  Before  the  casing  shall  be  drawn  from  any 
well  for  the  purpose  of  abandonment  thereof,  which 
has  been  drilled  into  any  gas  or  oil  bearing  rock,  it 
shall  be  the  duty  of  any  person,  firm  or  corporation 
having  the  custodj^  or  control  of  such  well  at  the  time 
of  such  abandonment,  and  also  the  owner  or  owners 
of  the  land  wherein  such  well  is  situated,  to  properly 
and  securely  stop  and  plug  the  same  in  the  following 
manner :  Such  hole  first  be  solidly  filled  from  the 
l)ottom  thereof  to  a  point  at  least  twenty  feet  above 
such  gas  or  oil  bearing  rock  with  sand,  gravel  or 
pulverized  rock,  immediately  on  the  top  of  which  fill¬ 
ing  shall  be  seated  a  dry  wood  plug  not  less  than  two 
feet  in  length,  having  a  diameter  of  not  less  than  one- 
fourth  of  an  inch  less  than  the  inside  diameter  of  the 
casing  in  such  well.  And  above  such  wooden  plug 
such  well  shall  be  solidly  filled  for  at  least  twenty-five 
feet  with  the  above  mentioned  filling  material,  im¬ 
mediately  above  which  shall  be  seated  another  wood 
plug  of  the  same  kind  and  size  as  above  provided,  and 
such  well  shall  again  be  solidly  filled  for  at  least 
twenty-five  feet  above  such  plug  with  such  filling  ma¬ 
terial.  After  the  casing  has  been  drawn  from  such 
well  there  shall  immediately  be  seated  at  the  point 
where  such  casing  was  seated  a  cast  iron  ball  or 
tampered  wood  plug  at  least  two  feet  in  length,  the 
diameter  of  which  ball  or  the  top  of  which  wood  plug 
shall  be  greater  than  that  of  the  hole  below  the  point 
where  such  casing  was  seated,  and  above  such  ball  or 
plug  such  well  shall  be  solidly  filled  to  top  of  well 
with  the  aforesaid  material. 


107 


Affidavit  of  Plugging,  Recording . 

§  4.  The  person,  firm  or  corporation  owning  or 
having  control  or  custody  of  any  such  well,  or  the 
land  in  which  any  such  well  is  situated  shall  ‘tile  or 
cause  to  be  filed  in  the  office  of  the  recorder  of  the 
county  in  which  any  such  well  is  located,  within 
fifteen  days  after  the  same  has  been  plugged,  as  pro¬ 
vided  in  section  3,  the  affidavit  of  at  least  two  per¬ 
sons  who  were  present  during  the  plugging  of  such 
well,  which  affidavit  shall  be  recorded  in  the  record 
books  in  the  office  of  the  recorder  of  such  county,  and 
shall  set  out  in  detail  the  manner  in  which  such  well 
was  plugged  and  the  depth  of  each  such  wood  plugs 
and  iron  ball  below  the  surface  of  the  ground,  and  the 
record  of  such  affidavit  shall  be  prima  facie  evidence 
in  any  court  of  a  compliance  with  the  provisions  of 
this  Act. 

Fresh  Water,  Casing  Off. 

§  5.  It  shall  be  the  duty  of  any  person,  firm  or 
corporation  sinking  a  well  in  any  oil  or  gas  bearing 
rock,  or  having  sunk  such  well  and  maintaining  the 
same,  to  case  off  and  keep  cased  off  all  fresh  water 
from  such  well. 

Violations,  Penalties. 

§  G.  Any  person,  firm  or  corporation  violating  the 
provisions  of  section  1,  or  failing  to  comply  with  the 
provisions  of  section  2  of  this  Act,  or  who  shall  fail 
or  refuse  to  plug  a  well  in  the  time  and  manner  pro¬ 
vided  in  section  3  of  this  Act,  or  shall  fail  or  neglect 
to  secure  and  file  in  the  proper  recorder’s  office  the 
affidavit  provided  for  and  required  in  section  4  of  this 
Act,  or  shall  fail  and  neglect  to  properly  case  olf 
fresh  water  from  such  well  and  keep  the  same  cased 
off  while  said  well  is  maintained,  as  provided  in  sec¬ 
tion  5  of  this  Act,  shall  be  liable  to  a  penalty  of  one 
hundred  dollars  ($100)  for  each  and  every  violation 
thereof,  and  the  further  sum  of  one  hundred  dollars 


108 


($100)  for  each  ten  days  during  which  such  violation 
shall  continue,  and  all  such  penalties  shall  be  recover¬ 
able  in  a  civil  action  brought  in  any  court  of  com¬ 
petent  jurisdiction  in  any  county  in  which  said  viola¬ 
tion  occurred,  brought  in  the  name  of  the  State  of 
Illinois  on  the  relation  of  such  county,  and  for  the 
use  and  benefit  of  such  county,  and  in  all  such  cases, 
if  there  be  recovery  by  the  State,  it  shall  recover  in 
addition  to  such  penalties  a  reasonable  attorney’s  fee. 

§  7.  ( Emergency. ) 

RELEASE  OF  FORFEITED  MINERAL  RIGHTS. 

An  Act  for  the  purpose  of  requiring  lessee,  his,  her  or 
their  heirs,  representatives,  successors  or  assigns 
to  release  of  record  coal  and  other  minm'al 
leases,  ivhcn  forfeited,  and  providing  a  penalty 
for  failure,  7'efusal  or  neglect  so  to  do,  Beoame  a 
law  without  the  Governor's  approval  July  12, 
191 S,  in  force  July  1,  191S.  L.  1913,  p.  4^7, 

Forfeited  Coal  or  Mineral  Lease,  Release,  Recording . 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  When  any  lease  on  land  heretofore  or  hereafter 
taken  for  the  purpose  of  prospecting  for  coal  or  other 
mineral,  or  for  the  purpose  of  mining  the  coal  or 
other  mineral  from  said  land,  so  leased,  shall  become 
forfeited  by  the  terms  of  said  lease  or  the  acts  of  said 
lessee,  his,  her,  or  their  heirs,  representatives,  suc¬ 
cessors  or  assigns,  it  shall  be  the  duty  of  said  lessee, 
his,  her,  or  their  heirs,  representatives,  successors  or 
assigns,  within  sixty  days  from  the  time  this  Act  shall 
take  effect,  if  such  forfeiture  take  effect  prior  thereto, 
and  within  sixty  days  from  the  date  of  forfeiture  of 
any  and  all  other  leases,  to  have  such  lease  or  leases 
released  of  record  in  the  county  where  such  land  is 
situated,  without  any  cost  to  the  owner  or  owners  of 
the  land ;  and  any  failure  so  to  do  after  notice  and 


109 


demand  shall  constitute  a  misdemeanor  and  shall  sub¬ 
ject  the  offender  to  a  fine  of  not  more  than. two  hun¬ 
dred  dollars. 

Mandamus,  Attorney's  Fees. 

§  2.  Whenever  the  lessee  of  any  coal  or  other 
mineral  lands,  or  the  person,  firm,  company  or  corpo¬ 
ration,  owning,  holding  or  having  control  of  any  such 
lease  shall  allow  the  same  to  l)ecome  forfeited,  or  by 
his,  her  or  their  acts  shall  forfeit  the  same,  and  shall 
refuse,  fail  or  neglect  to  cause  the  same  to  be  released 
of  record  in  the  county  where  said  lands  are  situated, 
the  lessor-or  owner  of  said  lands  may  begin  and  main¬ 
tain  a  civil  action  to  compel  said  party  to  release  the 
same  of  record  and  upon  judgment  being  rendered 
decreeing  said  lease  forfeited  and  directing  the  re¬ 
lease,  the  said  lessee,  or  the  person,  firm,  company  or 
corporation  owning,  holding  or  controlling  said  lease, 
shall  be  decreed  to  pay  all  costs  accruing  by  said  ac¬ 
tion,  including  a  reasonable  attorney  fee  to  be  taxed 
as  cost. 

REQUIRING  RELEASE  OF  OIL  OR  GAS  RIGHTS 

WHEN  FORFEITED. 

An  Act  for  the  purpose  of  compelling  oil  or  gas 
leases,  when  forfeited,  to  he  released  of  record 
and  providing  a  penalty  therefor.  Approved  May 
21,  1907,  in  force  July  1,  1907.  L.  1907,  p.  400. 

Forfeited  Oil  or  Gas  Lease,  Release,  Recording. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly :  When  any  lease  on  land  heretofore  or  hereafter 
taken  for  the  purpose  of  prospecting  for  oil  or  natural 
gas  or  operating  oil  or  gas  wells  upon  lands  so  leased, 
shall  become  forfeited  by  the  terms  of  said  lease  or 
the  acts  of  the  lessee,  it  shall  be  the  duty  of  the 
lessee,  his,  her  or  their  successors  or  assigns  within 


no 


sixty  days  from  the  date  this  Act  shall  take  effect,  if 
such  forfeiture  take  effect  prior  thereto,  and  within 
sixty  days  from  the  day  of  forfeiture  of  any  and  all 
other  leases,  to  have  such  lease  or  leases  released  of 
record  in  the  county  where  such  land  is  situated, 
without  any  cost  to  the  owner  or  owners  of  the  land ; 
and  any  failure  so  to  do  shall  constitute  a  misde¬ 
meanor  and  shall  subject  the  offender  to  a  tine  of  not 
more  than  two  hundred  dollars. 

Mandamus,  Attorney's  Fees. 

§  2.  Whenever  the  lessee  of  any  oil  or  natural  gas 
lands  or  the  person,  firm,  company  or  corporation, 
only  holding  or  having  control  of  any  such  lease  shall 
allow  the  same  to  become  forfeited,  or  by  his,  her  or 
their  acts  shall  forfeit  the  same,  and  shall  refuse, 
fail  or  neglect  to  cause  the  same  to  be  released  of 
record,  the  lessor,  or  owner  of  said  lands,  may  begin 
a  civil  action  to  compel  said  party  to  release  the  same 
of  record® and  upon  judgment  being  rendered  decree¬ 
ing  said  lease  forfeited  and  directing  the  release,  the 
said  lessee,  or  his  assigns,  shall  be  decreed  to  pay  all 
costs  accruing  by  such  action,  including  a  reasonable 
attorney  fee  to  be  taxed  as  costs. 

REGULATING  THE  CHARACTER  OF  PERMIS¬ 
SIBLE  EXPLOSIVES. 

An  Act  to  promote  the  safety  of  persons  and  property 
in  coal  mines  hy  7'eyiilatin(j  the  character  of  per- 
missihle  explosives  sold  to  he  used  in  coal  mines. 
Appi'oved  Ju7ie  26,  1913,  m  force  July  1, 

L.  1913,  p.  431. 

rermissihle  Explosives,  Specifications. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illmois,  represented  in  the  General  Assem¬ 
bly:  That  all  permissible  explosives  for  use  in  blast¬ 
ing  coal  in  the  State  of  Illinois  shall  conform  to  the 
following  specifications : 


Ill 


(a)  All  permissible  explosives  offered  for  sale  in 
(he  State  of  Illinois  shall  have  printed  on  each 
cartridge  and  individual  xjackage  the  name  of  the 
_  manufacturer,  the  registered  trade  mark,  brand,  grade 

and  a  statement  that  it  conforms  in  strength  to  the 
grade  and  brand  established  by  the  United  States 
Hureau  of  Mines. 

(b)  Each  shipping  case  shall  have  marked  on  it 
Ihe  total  weight  of  explosives  contained  therein,  and 
the  average  weight,  length  and  diameter  of  each 
stick  contained  therein. 

(c)  Each  shipping  case  containing  permissible 
explosives  shall  be  marked  “Permissible  Explosives.” 

(d)  Each  ingredient  of  a  i)ermissible  explosive 
shall  not  vary  more  than  the  permitted  variation 
established  by  the  United  States  Bureau  of  Mines. 

Samples, 

§  2.  State  mine  inspectors,  county  mine  inspec¬ 
tors,  and  the  accredited  representatives  of  the  coal 
operators  and  coal  miners  shall  have  authority  to 
sample  permissible  explosives  used  for  blasting  pur¬ 
poses  in  coal  mines  in  the  State  of  Illinois,  or  kept  on 
hand  for  sale,  or  intended  for  shipment  for  use  in 
such  mines,  and  for  such  purposes,  they  may  enter* 
upon  the  premises  of  any  person,  tirm  or  corporation. 

l*lace  of  Testing. 

§  3.  If  the  State  mine  inspectors,  county  mine 
inspectors,  or  the  accredited  representatives  of  the 
coal  operators  or  coal  miners  shall  desire  to  have  said 
samples  tested  for  content,  they  shall  send  the  same 
to  the  United  States  Bureau  of  Mines  for  that  pur¬ 
pose. 

Testing  Samples. 

§  4.  When  such  samples  are  intended  to  be  tested 
for  content,  they  .must  be  taken  at  the  mill  or  ware¬ 
house  of  the  manufacturer  or  manufacturer’s  agent  or 


112 


in  the  railroad  car  for  shipment  at  said  mill  or  ware¬ 
house  or  the  magazine  at  the  mine,  and-  said  samples 
shall  be  taken  in  accordance  with  the  rules  established 
by  the  United  States  Bureau  of  Mines. 

Violations,  Prosecution.  ^ 

§  5.  If  s-amples  of  permissible  explosives  when 
tested  as  provided  for  in  this  Act  shall  be  found  not 
to  comply  with  the  provisions  herein,  the  person,  firm 
or  corporation  guilty  of  violating  the  provisions  of 
this  Act  shall  be  prosecuted  in  accordance  with  the 
provisions  hereof. 

Stot'ing  Explosives. 

§  6.  Permissible  explosives  shall  be  stored  in 
magazines  constructed  in  accordance  wdth  plans  that 
shall  be  approved  by  the  State  Mine  Inspector  of  the 
district  in  which  the  mine  is  located. 

Magazines,  Construction. 

§  7.  Every  magazine  shall  be  provided  with  a 
wooden  floor  which  shall  be  kept  free  from  grit  and 
dirt.  If  more  than  one  kind  of  explosive  is  kept  in 
the  same  magazine,  the  magazine  shall  be  divided  into 
rooms  by  partitions ;  the  different  kinds  of  explosives 
shall  be  kept  in  different  rooms,  but  no  detonators,  or 
blasting  caps,  or  any  device  containing  fulminating 
composition  shall  be  kept  in  the  same  magazine  with 
any  explosive.  All  detonators,  blasting  caps  or  any 
device  containing  fulminating  composition  shall  be 
kept  separate  in  a  safe  and  dry  receptacle  apart  from 
any  other  explosive. 

Mis-stamping ,  Etc. 

§  8.  Any  person,  firm  or  corporation  changing 
any  stamp,  brand,  or  specification  denoting  the  con¬ 
tents  of  any  package  or  cartridge  shall  be  subject  to 
the  penalties  provided  for  herein. 


113 


I*cnaltic8. 

§  9.  Any  x)ei*son,  firm  or  corporation  who  shall 
sell  for  use  in  the  coal  mines  in  this  State  any  per¬ 
missible  exi)losive  not  stamped  as  herein  required,  or 
who  shall  knowingly  sell  for  use  in  coal  mines  in  this 
State  any  i3ermissible  explosive  which  is  untruthfully 
branded  or  stamped,  and  any  person,  firm  or  corpora¬ 
tion  being  a  manufacturer  of  permissible  explosives, 
or  the  agent  of  any  such  manufacturer  of  permissible 
explosives,  who  shall  sell  for  use  in  any  coal  mine  in 
this  State  any  permissible  explosive  which  shall  not 
conform  to  the  requirements  of  this  Act,  shall  be  pun¬ 
ishable  by  a  fine  of  not  exceeding  one  hundred  dollars 
($100)  or  by  imprisonment  in  the  county  jail  for  not 
exceeding  ninety  (90)  days,  or  both,  in  the  discretion 
of  the  court :  Provided,  that  nothing  in  this  Act  shall 
be  construed  to  apply  to  permissible  explosives 
shipped  prior  to  this  Act  taking  effect. 

REGULATING  THE  USE  OF  BLACK  POWDER. 

An  Act  to  promote  the  safety  of  persons  and  prop¬ 
erty  in  coal  mines  hy  regulating  the  character  of 
black  blasting  poivder  sold  to  be  used  in  coal 
mines.  Approved  June  7,  1911,  in  force  July  1, 
1911.  L.  1911,  p.  385. 

Black  Potvder,  Specifications. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  black  powder  for  use  for  blasting  in  coal 
mines  shall  conform  to  the  following  specifications : 

(a)  It  shall  have  specific  gravity  of  not  less  than 
1.74  nor  more  than  1.90. 

(b)  It  shall  have  a  moisture  content  of  not  to 
exceed  1  per  cent  at  the  time  when  shipped  by  the 
manufacturer  or  his  agent. 

(c)  Said  powder  shall  be  sold  for  use  in  coal 
mines  only  in  seven  sizes  of  granulation,  to  be  de¬ 
termined  as  follows : 


114 


CCC  shall  be  powder  which  shall  pass  through 
a  screen  having  round  hole  perforations  of  40/64  of 
an  inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  32/64  of  an  inch  in 
diameter. 

CC  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  36/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  24/64  of  an  inch  in 

diameter. 

C  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  27/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 

round  hole  perforations  of  18/64  of  an  inch  in 

diameter. 

F  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  20/64  of  an 
inch  in*  diameter  and  remain  on  a  screen  having 

round  hole  perforations  of  12/64  of  an  inch  in 

diameter. 

FF  shall  be  powder  which  shall  pass  through  a' 
screen  having  round  hole  perforations  of  14/64  of 
an  inch  in  diameter  and  remain  on  a  screen  having 

round  hole  perforations  of  7/64  of  an  inch  in 

diameter. 

FFF  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  9/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 

round  hole  perforations  of  3/64  of  an  inch  in 

diameter. 

FFFF  shall  be  powder  which  shall  pass  through 
a  screen  having  round  hole  perforations  of  5/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 

round  hole  perforations  of  2/64  of  an  inch  in 

diameter. 

In  testing  powder  for  size  of  granulation  as 
herein  required,,  it  shall  be  permissible  for  a  given 
size  to  contain  not  to  exceed  7%  per  cent  by  weight 


115 


of  grains  of  the  size  next  larger  and  7%  hy  weight 
of  grains  of  the  size  next  smaller. 

Stamping. 

§  2.  All  black  powder  sold  for  use  in  coal  mines 
in  this  State  shall  have  plainly  stamped  on  the  keg 
or  package  in  which  it  is  contained  the  letter  show¬ 
ing  the  size  of  granulation  according  to  the  require¬ 
ments  of  this  Act. 

Unlawful  Sale,  Penalty. 

§  3.  Any  person,  firm  or  corporation  who  shall 
sell  for  use  in  coal  mines  in  this  State  any  black 
powder  not  stamped  as  herein  required,  or  who  shall 
knowingly  sell  for  use  in  coal  mines  in  this  State  any 
powder  which  is  untruthfully  branded  or  stamped, 
and  any  person,  firm  or  corporation  being  a  manu¬ 
facturer  of  black  powder,  or  the  agent  of  any  such 
manufacturer  of  black  powder  who  shall  sell  for  use 
in  any  coal  mine  in  this  Stute,  any  powder  which 
shall  not  conform  to*  the  requirements  of  this  Act  in 
respect  to  the  specific  gravity  and  moisture  content 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punish¬ 
able  by  a  fine  of  not  exceeding  $100.00  or  by  imprison¬ 
ment  in  the  county  jail  for  not  exceeding  ninety  (90) 
days,  or  both,  in  the  discretion  of  the  court. 

Samples  and  Tests. 

§  4.  (a)  State  mine  inspectors  and  deputy  mine 
inspectors  shall  have  authority  to  sample  black  blast¬ 
ing  powder  used  for  blasting  purposes  in  coal  mines 
in  this  State,  or  kept  on  hand  for  sale  or  intended  for 
shipment  for  use  in  such  mines,  and  for  such  purpose 
they  may  enter  upon  the  premises  of  any  person. 

(b)  An  inspector  when  sampling  black  blasting 
powder  shall  secure  as  accurate  an  average  sample  as 
is  practicable,  and  shall  test  the  granulation  of  such 
sample  with  the  screens  provided  for  in  this  Act. 


116 


(c)  If  the  inspector  shall  desire  to  have  said 
sample  tested  for  specific  gravity  or  moisture  con¬ 
tent,  he  shall  send  the  same  to  the  State  Mining  Board 
for  that  purpose,  and  when  such  camples  are  in¬ 
tended  to  be  tested  for  moisture  content,  they  must  be 
taken  at  the  mill  or  warehouse  of  the  manufacturer 
or  manufacturer’s  agent,  or  in  the  railroad  car  for 
shipment  at  said  mill  or  the  warehouse ;  and  said 
samples  when  so  taken  shall  be  immediately  sealed 
moisture-proof  before  being  sent  to  the  State  Mining 
Board. 

When  such  samples  are  received  by  the  State 
Mining  Board  they  shall  cause  the  same  to  be  prop¬ 
erly  and  accurately  tested  for  specific  gravity  and  for 
moisture  content. 

(d)  If  samples  of  powder  when  sampled  and 
tested  as  provided  in  this  Act  shall  be  found  not  to 
comply  with  the  provisions  herein,  the  person,  firm  or 
corporation  guilty  of  violating  the  provisions  of  this 
Act  shall  be  prosecuted  in  accordance  with  the  provi¬ 
sions  hereof. 

WASH  BOOMS  FOR  EMPLOYEES. 

An  Act  to  provide  for  wash  rooms  in  certain  employ¬ 
ments  to  protect  the  health  of  employees  and 
secure  puMic  comfort.  Approved  June  26,  1913, 
in  force  July  1,  1913.  L.  1913,  p.  359. 

Wash  Rooms,  EstaMishment. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem- 
l)ly:  That  every  owner  or  operator  of  a  coal  mine, 
steel  mill,  foundry,  machine  shop,  or  other  like  busi¬ 
ness  in  which  employees  become  covered  with  grease, 
smoke,  dust,  grime  and  perspiration  to  such  extent 
that  to  remain  in  such  condition  after  leaving  their 
work  without  washing  and  cleansing  their  bodies  and 
changing  their  clothing  will  endanger  their  health  or 


117 


make  their  condition  offensive  to  the  public,  shall  pro¬ 
vide  and  maintain  a  suitable  and  sanitary  wash  room 
at  a  convenient  place  in  or  adjacent  to  such  mine, 
mill,  foundry,  shop  or  other  place  of  employment  for 
the  use  of  such  employees. 

Wash  Rooms,  Requirements. 

§  2.  Such  wash  room  shall  be  so  arranged  that 
employees  may  change  their  clothing  therein,  and 
shall  be  sufficient  for  the  number  of  employees  en¬ 
gaged  regularly  in  such  employment ;  shall  be 
provided  with  lockers  or  hangers  in  which  employees 
may  keep  their  clothing ;  shall  be  provided  with  hot 
and  cold  water  and  with  sufficient  and  suitable  places 
and  means  for  using  the  same ;  and  during  cold 
weather,  shall  be  sufficiently  heated. 

Inspection. 

§  3.  It  shall  be  the  duty  of  the  State  and  county 
mine  inspectors,  factory  inspectors  and  other  in¬ 
spectors  required  to  inspect  places  and  kinds  of  busi¬ 
ness  required  by  this  Act  to  be  provided  with  wash 
rooms,  to  inspect  such  wash  rooms  and  report  to  the 
owner  or  operator,  the  sanitary  and  physical  condi¬ 
tion  thereof  in  writing,  and  make  recommendations  as 
to  such  improvements  or  changes  as  may  appear  to  be 
necessary  for  compliance  with  the  provisions  of  this 
Act. 

Violation,  Penalty. 

§  4.  Any  owner  or  employer  who  shall  fail  or 
refuse  to  comply  with  the  provisions  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  convic¬ 
tion  thereof  shall  be  fined  not  more  than  one  hundred 
dollars. 

<  •  *  ^  . 

Second  Offenses;,  Etc.,  Penalty. 

§  5.  Any  owner  or  employer  who  shall  be  con¬ 
victed  of  a  violation  of  the  provisions  of  this  Act  shall 


118 


be  subject  to  a  conviction  for  succeeding  offenses  for 
each  and  every  day  he  shall  neglect  or  refuse  to  com¬ 
ply  herewith. 

CAPITAL  STOCK  OWNERSHIP. 

An  Act  to  authorize  mining  or  manufacturing  com¬ 
panies  to  own  and  hold  shares  of  the  capital 
stock,  and  to  owm  and  hold  securities  of  railroad 
companies  tvhose  roads  shall  connect  the  different 
plants  of  such  mining  or  manufacturing  compa¬ 
nies  with  each  other,  or  with  other  railroads  or 
harbors.  Approved  June  11,  1897,  in  force  July  1, 
1897.  L.  1897,  p.  285. 

Capital  Stock,  Authority  to  Own. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  any  corporation  organized,  or  to  be  organ¬ 
ized,  under  and  by  virtue  of  any  law  of  this  State, 
for  mining  or  manufacturing  purposes,  be  and  the 
same  is  hereby  authorized  to  own  and  hold  shares  of 
the  capital  stock,  and  to  own  and  hold  securities  of 
any  railroad  company  or  companies  when  such  rail¬ 
road  or  railroads  shall  connect  the  different  plants  of 
such  mining  or  manufacturing  companies  with  each 
other,  or  with  other  railroads  or  harbors :  Provided, 
that  said  mining  or  manufacturing  companies  shall 
not  be  permitted  to  hold  stock  in  more  than  one  rail¬ 
road  connecting  the  same  points. 

DEPARTMENT  OF  MINING  ENGINEERING  AT 
UNIVERSITY  OF  ILLINOIS. 

An  Act  authorizing  and  directing  the  establishment  of 
a  department  of  mining  engineering  in  the  Col¬ 
lege  of  Engineering,  at  the  IJniversity  of  Illinois, 
and  providing  for  the  support  of  the  same.  Ap¬ 
proved  June  8,  1909,  in  force  July  1,  1909.  L. 
1909,  p.  4S. 


Departmefit  of  Mining  Engineering. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem- 
hly:  That  the  trustees  of  the  University  of  Illinois  be 
authorized  and  directed  to  establish,  in  the  College 
of  Engineering,  at  the  university,  a  department  of 
mining  engineering. 

Courses  of  Instruction. 

§  2.  That  the  said  department  of  mining  engi¬ 
neering  shall  offer  such  courses  of  instruction  relating 
to  the  science  and  practice  of  mining  as  will  best 
serve  to  train  young  men  for  efficient  work  in  the 
various  phases  of  the  mining  industry. 

Dissemination  of  Scientific  Facts. 

§  3.  That  in  addition  to  its  work  of  instruction, 
the  said  department  of  mining  engineering  shall,  so 
far  as  practicable,  concern  itself  with  the  develop¬ 
ment  and  dissemination  of  such  scientific  facts  as  are 
likely  to  be  of  service  in  improving  the  practice  of 
mining,  with  reference  to  efficiency  in  operation,  to 
the  security  of  life  in  the  mines,  and  to  the  conserva¬ 
tion  of  the  fuel  and  other  mineral  resources  of  the 
State.  • 

Appropriation. 

§  4.  That  there  be  and  hereby  is  appropriated  to 
the  University  of  Illinois,  to  meet  the  cost  of  estab¬ 
lishing  and  maintaining  the  said  department  of  min¬ 
ing  engineering,  the  sum  of  seven  thousand  five  hun¬ 
dred  ($7,500)  dollars  per  annum. 

Warrants. 

§  5.  The  Auditor  of  Public  Accounts  is  hereby 
autlLorized  and  directed  to  draw  his  warrant  on  the 
treasurer  for  the  sum  hereby  appropriated ;  payable 
out  of  any  money  in  the  treasury  not  otherwise  ap- 


120 


propriated,  upon  the  order  of  the  board  of  trustees  of 
said  university,  attested  by  its  secretary  and  with  the 
corporate  seal  of  said  university  thereto  attached. 

TRESPASS  AND  INTIMIDATION. 

An  Act  to  revise  the  laiv  in  I'elation  to  criminal  jur¬ 
isprudence.  Approved  March  27,  187^,  in  force 
July  1,  187Jf. 

Intimidation,  Penalty. 

§  160.  Whoever  enters  a  coal  bank,  mine,  shaft, 
manufactory,  building  or  premises  of  another,  with 
intent  to  commit  any  injury  thereto,  or  by  means  of 
threats,  intimidation  or  riotous  or  other  unlawful 
doings,  to  cause  any  person  employed  therein  to  leave 
his  employment,  shall  be  fined  not  exceeding  $500,  or 
confined  in  the  county  jail  not  exceeding  six  months, 
or  both. 

Trespass,  Penalty. 

§  268.  Whoever,  without  authority  of  law  and  not 
being  the  owner  or  agent  of  adjoining  land,  enters  the 
coal  bank,  mine,  shaft,  manufactory,  or  place  where 
workmen  are  employed,  of  another,  without  the  ex¬ 
pressed  or  implied  consent  of  the  owner  or  manager 
thereof,  atfer  notice  that  such  ^ntry  is  forbidden,  shall 
be  fined  not  exceeding  $200,  or  confined  in  the  county 
jail  not  exceeding  six  months,  in  the  discretion  of  the 
court. 

INFORMATION. 

An  Act  to  require  inspectors  of  mines  to  furnish  in¬ 
formation  to  the  State  Geologist,  and  to  provide 
for  paying  the  expenses  of  the  same.  Approved 
June  IS,  1891,  in  force  July  1,  1891,  L.  1891, 
p.  167. 

Information,  Duty  of  Inspectors. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assam- 


121 


hly:  That  in  addition  to  the  duties  now  prescribed  by 
law,  it  shall  hereafter  he  the  duty  of  the  State  in¬ 
spectors  of  coal  mines  to  procure  for,  and  under  the 
direction  of,  the  State  Geologist,  a  true  record  of  the 
various  strata  through  which  coal  shafts  are  sunk,  or 
borings  for  coal,  oil,  gas  or  artesian  water  are  made 
in  their  respective  districts,  also  to  determine  the 
altitude  of  the  top  of  said  shafts  or  bore  holes,  above 
some  specified  point  on  the  nearest  railroad,  or  other 
l)oint  whose  elevation  may  be  readily  ascertained ;  and 
also  to  determine  the  dip  of  the  coal  stratum  in  all 
mines  which  are  being  operated.  The  additional 
duties  herein  prescribed  for  said  inspector  shall  be 
discharged  at  such  times  and  in  such  manner  as  not 
to  interfere  with  their  primary  duties  as  inspectors  of 
mines,  and  they  shall  report  the  results  of  their 
observations,  from  time  to  time,  to  the  State  Geolo¬ 
gist. 

Expenses,  Payment. 

§  2.  The  actual  and  necessary  traveling  expenses 
of  said  inspectors,  in  the  discharge  of  their  public 
duties,  shall  be  allowed  and  paid  from  the  same  fund 
and  in  the  same  manner  as  that  in  which  compensa¬ 
tion  for  their  services  is  now  paid,  and  upon  itemized 
quarterly  accounts,  verified  by  the  affidavit,  and  ap¬ 
proved  by  the  secretary  of  the  Commissioner  of  Labor 
Statistics  and  the  Governor. 

MINING  INVESTIGATION  COMMISSION. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  a  commission  be  established,  to  be  known 
as  the  Mining  Investigation  Commission  of  the  State 
of  Illinois,  consisting  of  three  coal  mine  owners  and 
three  coal  miners  appointed  by  the  Governor,  together 
with  three  qualified  men,  no  one  of  whom  shall  be 
identified  or  affiliated  with  the  interests  of  either  of 


122 


the  mine  owners  or  coal  miners  or  dependent  upon  the 
patronage  or  good  will  of  either,  nor  in  political  life 
who  shall  be  appointed  by  the  Governor. 

Each  member  of  the  said  commission  shall  have 
equal  authority,  power  and  voting  strength  in  consid¬ 
ering  and  acting  upon  any  matters  which  may  be 
])rought  to  the  attention  of  the  commission  and  on 
which  the  commission  may  act  and  the  said  commis¬ 
sion  shall  have  power  and  authority  to  investigate  the 
methods  and  conditions  of  mining  in  the  State  of  Illi¬ 
nois  with  special  reference  to  the  safety  of  human 
lives  and  property  and  the  conservation  of  coal  de¬ 
posits. 

§  2.  In  making  an  investigation  as  contemplated 
in  this  Act,  said  commissioners  shall  have  the  power 
to  issue  subpoenas  for  the  attendance  of  witnesses, 
which  shall  be  under  the  seal  of  the  commission  and 
signed  by  the  chairman  or  secretary  of  said  commis¬ 
sion. 

In  case  any  person  shall  wilfully  fail  or  refuse  to 
obey  such  subpoena,  it  shall  be  the  duty  of  th  Circuit 
Court  of  any  county,  upon  application  'of  the  said 
commissioners,  to  issue  an  attachment  for  such  wit¬ 
ness,  and  compel  such  witness  to  attend  before  the 
commissioners,  and  give  his  testimony  upon  such 
matters  as  shall  be  lawfully  required  by  such  com¬ 
missioners  ;  and  the  said  court  shall  have  the  power 
to  punish  for  contempt,  as  in  other  cases  of  refusal 
to  obey  the  process  and  order  of  such  court. 

The  fees  of  wdwtnesses  shall  be  the  same  as  in  the 
courts  of  record  and  shall  be  paid  out  of  the  appropri¬ 
ation  hereinafter  made. 

And  upon  order  duly  entered  of  record  by  the 
said  commission  any  one  or  more  members  of  the 
said  commission  shall  be  empowered  to  take  testimony 
touching  the  matters  within  the  jurisdiction  of  the 
said  commission  and  report  the  same  to  the  said  com¬ 
mission. 


123 


Said  commission  shall  have  power  and  are  au¬ 
thorized  to  adopt  a  seal  and  to  make  such  rules  not 
inconsistent  with  or  contrary  to  law  for  the  govern¬ 
ment  of  proceedings  before  it,  as  it  may  deem  proper 
and  shall  have  the  same  power  to  enforce  such  rules 
and  to  preserve  order  and  decorum  in  its  presence  as 
is  vested  hy  the  common  law  or  statute  of  this  State 
in  any  court  of  general  jurisdiction. 

§  8.  Said  commission  shall  meet  at  the  State  cap- 
itol  building  in  Springfield  on  the  second  Tuesday 
after  notice  of  their  appointment  and  shall  imme¬ 
diately  elect  a  chairman  and  secretary  from  among 
their  number,  one  of  whom  shall  he  a  coal  mine  owner 
and  the  other  a  coal  miner.  Said  commission  shall 
cause  a  record  to  he  kept  of  all  its  proceedings. 

Five  members  of  the  said  commission  shall  con¬ 
stitute  a  quorum  for  the  transaction  of  business,  but 
a  less  number  than  a  quorum  may  adjourn  the  meet¬ 
ing  of  the  commission  from  time  to  time. 

Meetings  of  the  said  commission  other  than 
called  meetings,  as  provided  for  herein,  may  he  held 
at  such  times  and  places  within  the  State  of  Illinois, 
as  may  he  fixed  by  the  said  commission. 

A  meeting  of  the  said  commission  shall  he  held 
upon  the  written  request  of  any  three  members  of  the 
said  commission  signed  by  them  and  delivered  to  the 
secretary,  who  shall,  upon  receipt  of  such  request, 
notify  each  member  of  .said  commission  by  mail  of 
such  meeting  so  to  be  held,  and  the  time  and  place 
thereof.  And  no  such  meeting  shall  be  held  less  than 
five  days  after  the  mailing  of  notice  of  the  said  meet¬ 
ing  to  the  members  of  said  commission  by  the  secre¬ 
tary. 

Such  called  meeting  shall  he  held  either  in 
Springfield  or  Chicago. 

§  4.  Said  commission  shall  report  to  the  Governor 
and  to  the  General  Assembly  at  its  next  regular  ses¬ 
sion,  submitting,  so  far  as  they  have  unanimously 
agreed,  a  proposed  revision  of  mining  laws  of  the 


124 


State,  together  with  such  other  recommendations  as 
to  the  commission  shall  seem  fit  and  proper  relating 
to  mining  in  the  State  of  Illinois. 

And  where  there  is  not  unanimous  agreement 
upon  any  recommendation  there  shall  be  submitted  in 
like  manner  separate  reports  embodying  the  recom¬ 
mendations  of  any  one  or  more  members  of  the  said 
commission,  which  said  reports  shall  each  set  forth  in 
detail  the  recommendation  of  the  commissioner  or 
commissioners  signing  said  report  and  shall  embody 
his  or  their  respective  reasoRs  for  such  recommenda¬ 
tions,  and  his  or  their  objection  to  the  report  of  other 
members  of  the  commission.  The  duties  and  functions 
of  said  commission  shall  cease  and  the  terms  of  office 
of  the  respective  commissioners  shall  treminate  upon 
the  adjournment  of  the  Fifty-second  General  As¬ 
sembly. 

§  5.  The  members  of  said  commission  who  are 
coal  mine  owners  and  coal  miners,  as  aforesaid,  shall 
receive  no  compensation  for  their  services.  The  re¬ 
maining  three  members  of  the  commission  shall 
receive  as  compensation  for  their  services  the  sum  of 
$10.00  per  day  for  each  day  actually  employed  by 
them  as  such  commissioners.  All  members  of  the  said 
commission  shall  be  reimbursed  for  their  actual 
expenses  incurred  in  and  about  the  actual  work  of 
said  commission. 

Said  commission  may  appoint  a  stenographer  or 
clerk  and  such  other  employees  as  are  necessary  and 
shall  fix  their  compensation  and  may  incur  such  other 
expenses  as  are  properly  incidental  to  the  work  of  the 
commission. 

§6.  The  sum  of  seven  thousand  dollars  ($7,000), 
or  as  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  for  the  postage,  stationery,  clerical  and 
expert  services,  and  incidental  traveling  expenses  of 
the  commission,  and  the  per  diem  of  members  as 
herein  authorized,  and  the  Auditor  of  Public  Accounts 
is  hereby  authorized  to  draw  his  warrants  for  the 


125 


foregoing  amount,  or  any  part  thereof,  in  payment  of 
any  expenses,  charges  or  disbursements  authorized  by 
this  Act,  on  order  of  this  commission,  signed  by  its 
chairman,  attested  by  its  secretary,  and  approved  by 
the  Governor. 

The  Department  of  Public  Works  and  Buildings 
is  hereby  authorized  and  directed  to. provide  all  nec¬ 
essary  printing  for  the  mining  investigating  commis¬ 
sion,  and  testimony  taken  by  it  shall  be  reported  in 
full  and  may  be  published  from  time  to  time  by  the 
comniission. 

RULES  AND  REGLATIONS  GOVERNING  EX¬ 
AMINATIONS. 


Oral  and  Written. 

1.  The  examination  of  all  candidates  shall  con¬ 
sist  of  a  written  and  oral  part. 

State  Mine  Inspectors^  Examination,  Time  of  Holding. 

2.  The  written  examination  for  State  Mine  In¬ 
spectors  will  be  held  on  Tuesday  following  registra¬ 
tion,  at  9  :00  o’clock  a.  m.,  the  morning  session  closing 
at  12  m.  The  afternoon  session  will  begin  at  2 :00 
o’clock  p.  m.,  and  close  at  5  :00  o’clock  p.  m. 

Training  and  Experience  Questions,  Where  Answered. 

3.  Each  candidate  for  a  certificate  shall  answer 
a  set  of  questions  as  to  training  and  experience. 
These  questions  can  be  taken  to  his  room  and  answers 
presented  when  candidate  presents  himself  for  the 
oral  examination. 

Examination  Papers,  Designation  and  H umbering. 

4.  Numbers  will  be  assigned  to  each  candidate, 
with  which  his  examination  paper  shall  be  marked 
and  by  which  only  he  shall  be  known  until  after  his 
written  examination  has  been  corrected  and  graded. 


126 


Oral  Examination,  When  Held, 

5.  The  oral  examination  of  each  candidate  shall 
be  had  separately  after  the  written  examination  shall 
be  completed,  and  the  applicant  shall  be  called  for 
this  purpose  by  the  number  assigned  him. 

Questions,  'Nature,  Classification,  Numl)ering. 

6.  Questions  for  each  examination  shall  be  uni¬ 
form  and  shall  consist  of : 

For  Mine  Inspectors . 24  written  questions ; 

For  Mine  Manager — 

First  class  . 20  written  questions  ; 

Second  class  . 10  written  questions. 

For  Mine  Examiners . 15  written  questions  ; 

For  Hoisting  Engineer . 15  written  questions. 

The  written  part  of  the  examination  shall  be 
divided  as  follows : 


For  Mine  Inspectors 


12  questions,  morning  session, 
12  questions,  afternoon  session. 


For  Mine  Manager — 


First  class 


/  10  questions,  morning  session, 
\  10  questions,  afternoon  session. 


Second  class . 

10  questions,  morning  session  ; 

For  Hoisting  Engineer  and  Mine  Examiner . 

15  questions,  morning  session. 

These  questions  shall  be  prepared  by  the  Director 
of  the  Department  of  Mines  and  Minerals,  or  under 
his  direction. 


Manner  of  Conducting  Examination. 

7.  All  candidates,  being  assembled,  shall  be  as¬ 
signed  to  separate  desks,  provided  with  writing  ma¬ 
terial,  and  each  candidate  shall  be  given  a  list  of 


127 


printed  questions  required  to  i)e  answered,  also  a 
printed  card,  numbered,  on  which  to  ascribe  his  name 
and  address.  This  card  shall  be  enclosed  in  a  sealed 
envelope  and  retained  by  him  to  present  when  he  is 
called  for  oral  examination,  the  same  to  be  opened  by 
the  examiner  and  passed  to  the  person  keeping  the 
records  of  the  examination.  This  will  be  after  the 
written  work  has  been  graded  and  posted. 

Marhing  and  Rating. 

8.  A  system  of  marking  shall  be  established 
which  shall  show  the  record  made  by  each  candidate 
in  the  written,  oral,  training  and  personal  experience, 
the  sum  of  which  shall  be  the  final  rating  of  each 
candidate. 

Grading  Papers. 

9.  A  minimum  shall  be  established  above  which 
candidates  must  be  graded  in  order  to  pass  the  exam¬ 
ination  and  receive  a  certificate  of  competency. 

Affidavit  of  Qualification. 

10.  All  candidates  who  appear  before  the  Mining 
Board  for  examination  must  make  an  affidavit  setting 
forth  the  facts  as  to  residence,  age,  experience,  etc. 

Registration  Requirements. 

11.  Any  person  appearing  for  registration  in  an 
intoxicated  condition  will  not  be  permitted  to  register 
for  the  examination,  and  if  after  registering  a  person 
appears  in  an  intoxicated  condition  prior  to  the  time 
of  taking  examination,  he  will  not  be  allowed  to  take 
such  examination. 

Amendment  of  Rules. 

12.  The  Mining  Board  shall  have  a  right  at  any 
time  to  add  to  or  modify  these  rules  in  any  way,  pro¬ 
viding  the  changes  shall  have  been  put  in  w^riting  and 
presented  at  one  meeting  prior  to  their  adoption. 


128 


WORKMEN’S  COMPENSATION  ACT. 


Ax  Act  to  promote  the  general  ivelfare  of  the  People 
of  this  State  hy  providing  compensation  for  acci¬ 
dental  injuries  or  death  suffered  in  the  course  of 
employment  within  this  State ;  providing  for  the 
enforcement  and  administering  thereof,  and  a 
penalty  for  its  violation,  and  repealing  an  Act 
entitled,  ''An  Act  to  promote  the  general  welfare 
of  the  people  of  this  State  hy  providing  compen¬ 
sation  for  accidental  injuries  or  death  suffered  in 
the  course  of  employments^  approved  June  10, 
1911,  in  force  May  1,  1912,  (Approved  June  28, 
1913,  in  force  July  1,  1913,  with  amendments  in 
force  July  1,  1919. 

Section  1.  Employer — notice.]  That  an  em¬ 
ployer  in  this  State,  who  does  not  come  within  the 
classes  enumerated  by  section  three  (3)  of  this  Act, 
may  elect  to  provide  and  pay  compensation  for  acci¬ 
dental  injuries  sustained  by  any  employee  arising  out 
of  and  in  course  of  the  employment  according  to  the 
provisions  of  this  Act,  and  thereby  relieve  himself 
from  any  liability  for  the  recovery  of  damages,  except 
as  herein  provided. 

(a)  Election  by  any  employer  to  provide  and  pay 
compensation  according  to  the  provisions  of  this  Act 
shall  be  made  by  the  employer  filing  notice  of  such 
election  with  the  Industrial  Board. 

(b)  Every  employer  within  the  provisions  of  this 
Act  who  has  elected  to  provided  [provide]  and  pay 
compensation  according  to  the  provisions  of  this  Act, 
shall  be  bound  thereby  as  to  all  his  employees  covered 
by  this  Act  until  January  1st  of  the  next  succeeding 


129 


yeju*  and  for  terms  of  eacli  year  thereafter :  Provided, 
any  such  employer  who  may  have  once  elected,  may 
elect  not  to  provide  and  pay  the  compensation  herein 
provided  for  accidents  resnltinj^  in  either  injury  or 
death  and  occurring  after  the  expiration  of  any  such 
calendar  year  by  liling  notice  of  such  election  with 
the  Industrial  Board  at  least  sixty  days  prior  to  the 
expiration  of  any  such  calendar  year,  and  hy  posting 
such  notice  at  a  conspicuous  i)lace  in  the  plant,  shop, 
office,  room  or  place  where  such  employee  is  emploj^ed, 
or  by  personal  service,  in  written  or  printed  form, 
upon  such  employee,  at  least  sixty  (00)  days  prior  to 
the  expiration  of  any  such  calendar  year. 

(c)  In  the  event  any  employer  mentioned  in  this 
section,  elects  to  provide  and  pay  the  compensation 
provided  in  this  Act,  then  every  employee  of  such 
employer,  as  a  part  of  his  contract  of  hiring  or  who 
may  be  employed  at  the  time  of  the  taking  elfect  of 
this  Act  and  the  acceptance  of  its  provisions  by  such 
employer,  shall  be  deemed  to  have  accepted  all  the 
provisions  of  this  Act  and  shall  be  bound  thereby  un¬ 
less  within  thirty  (30)  days  after  such  hiring  or  after 
the  taking  effect  of  this  Act,  and  its  acceptance  by 
such  employee,  he  shall  file  a  notice  to  the  contrary 
with  the  Industrial  Board,  whose  duty  it  shall  be  to 
immediately  notify  the  employer,  and  until  such  notice 
to  the  contrary  is  given  to  the  employer,  the  measure 
of  liability  of  such  employer  shall  be  determined  ac¬ 
cording  to  the  compensation  provisions  of  this  Act : 
Provided,  however,  that  any  employee  may  withdraw 
from  the  operation  of  this  Act  upon  filling  a  written 
notice  of  withdrawal  at  least  ten  (10)  days  prior  to 
January  1st  of  any  year  with  the  Industrial  Board, 
whose  duty  it  shall  be  to  immediately  notify  such  em¬ 
ployer  by  registered  mail,  and,  until  such  notice  to  the 
contrary  is  given  to  such  employer,  the  measure  of 
liability  of  such  employer  shall  be  determined  accord¬ 
ing  to  the  compensation  provisions  of  this  Act. 

(d)  Any  such  employer  or  employee  may,  with- 


130 


out  prejudice  to  any  existing  right  or  claim,  withdraw 
his  election  to  reject  this  Act  by  giving  thirty  (30) 
days’  written  notice  in  such  manner  and  form  as  may 
l)e  provided  by  the  Industrial  Board.  (Amended  by 
Act  approved  June  25,  1917.) 

§  12.  Repealed.]  Section  two  of  an  Act  entitled, 
“An  Act  to  promote  the  general  welfare  of  the  people 
of  this  State  by  providing  compensation  for  accidental 
injuries  or  death  suffered  in  the  course  of  employ¬ 
ment  within  this  State ;  providing  for  the  enforcement 
and  administering  thereof,  and  a  penalty  for  its 
violation,  and  repealing  an  Act  entitled,  ‘An  Act  to 
promote  the  general  welfare  of  the  people  of  this 
State  by  providing  compensation  for  accidental  inju¬ 
ries  or  death  suffered  in  the  course  of  employment, 
approved  June  10,  1911,  in  force  May  1,  1912,’  ”  ap¬ 
proved  June  28,  1913,  in  force  July  1,  1913,  as  subse¬ 
quently  amended,  is  hereby  repealed.  (Amended  by 
Act  approved  June  25,  1917. 

§  3.  Applies  Automatically.]  The  provisions  of 
this  Act  hereinafter  following  shall  apply  automat¬ 
ically,  and  without  election  to  the  State,  county,  city, 
tovm,  township,  incorporated  village  or  school  district, 
body  politic  or  municipal  corporation,  and  to  all  em¬ 
ployers  and  their  employees,  engaged  in  any  of  the 
following  enterprises  or  businessses  which  are  de¬ 
clared  to  be  extra  hazardous,  namely : 

1.  The  erection,  maintaining,  removing,  remodel¬ 
ing,  altering  or  demolishing  of  any  structure,  except 
as  provided  in  sub-paragraph  8  of  this  section. 

2.  Construction,  excavating  or  electrical  work, 
except  as  provided  in  sub-paragraph  8  of  this  section. 

3.  Carriage  by  land  or  water  and  loading  or  un¬ 
loading  in  connection  therewith,  including  the  dis¬ 
tribution  of  any  commodity  by  horse-drawn  or  motor 
driven  vehicle  where  the  employer  employs  more 
than  three  employees  in  the  enterprise  or  business,  ex¬ 
cept  as  provided  in  sub-paragraph  8  of  this  section. 


131 


4.  The  operation  of  any  warehouse  or  general  or 
terminal  store  houses. 

5.  Mining,  surface  mining  or  quarrying. 

G.  Any  enterprise  in  which  explosive  materials 
are  manufactured,  handled  or  used  in  dangerous 
quantities. 

7.  In  any  enterprise  wherein  molten  metal,  or 
explosive  or  injurious  gases  or  vapors,  or  inflammable 
vapors  or  fluids,  or  corrosive  acids,  are  manufactured, 
used,  generated,  stored  or  conveyed  in  dangerous 
quantities. 

8.  In  any  enterprise  in  which  statutory  or  mu¬ 
nicipal  ordinance  rtgulations  are  now  or  shall  here¬ 
after  be  imposed  for  the  regulating,  guarding,  use  or 
the  placing  of  machinery  or  appliances  or  for  the  pro¬ 
tection  and  safeguarding  of  the  employees  or  the 
public  therein ;  each  of  which  occupations,  enterprises 
or  businesses  are  hereby  declared  to  be  extra  hazard¬ 
ous  :  Provided,  nothing  contained  heerin  shall  be  con¬ 
strued  to  apply  to  any  work,  employment  or  opera¬ 
tions  done,  had  or  conducted  by  farmers  and  others 
engaged  in  farming,  tillage  of  the  soil,  or  stock  rais¬ 
ing,  or  to  those  who  rent,  demise  or  lease  land  for  any 
such  purpose's,  or  to  any  one  in  their  employ  or  to  any 
work  done  on  a  farm,  or  country  place,  no  matter 
what  kind  of  work  or  service  is  being  done  or  ren¬ 
dered.  (Amended  by  Act  approved  June  28,  1919.) 

§31/^.  Pleadings — certificate.]  (a)  If  the  plain¬ 
tiff  in  any  action  mentioned  in  section  3  shall  in  his 
declaration  or  in  his  other  pleading  allege  that  the 
employer  has  filed  notice  of  his  election  not  to  pro¬ 
vide  and  pay  compensation  according  to  the  provisions 
of  the  Workmen’s  Compensation  Act  and  such  allega¬ 
tion  be  not  denied  by  a  verified  pleading,  then  such 
employer  shall  for  the  purpose  of  that  action  be  con¬ 
clusively  presumed  to  have  filed  his  notice  of  non¬ 
election.  • 

(b)  A  certificate  of  the  fact  of  the  filing  by  an 
employer  of  the  notice  of  non-election  provided  in  sec- 


132 


tion  2  and  of  the  non-withdrawal  thereof  shall  be 
prima  facie  proof  in  any  action  mentioned  in  section  3 
of  the  fact  of  the  filing  of  such  notice  of  non-election 
and  of  the  non-withdrawal  thereof.  Such  certificate 
may  be  under  the  seal  of  the  Industrial  Board  and 
signed  by  any  member  or  the  secretary  thereof,  of 
which  seal  and  signature  as  such  oflicer  the  court 
shall  take  judicial  notice.  Said  certificate  may  be  in 
substantially  the  following  form : 

This  is  to  certify  that  the  attached  is  a  correct 
copy  of  notice  filed  with  the  Industrial  Board  by 

. on  the . day 

of . ,  19 _ ,  electing  not  to 

provide  and  pay  compensation  according  to  the  pro¬ 
visions  of  the  Workmen’s  Compensation  Act  of  Illi¬ 
nois,  and  that  the  original  of  said  notice  is  now  on 
file  in  the  office  of  the  Industrial  Board  and  has  not 
been  withdrawn  since  the  date  of  the  filing  thereof. 

In  witness  whereof,  this  certificate  has  been  sub¬ 
scribed  and  the  seal  of  the  Industrial  Board  affixed 
this . ® . day  of . ,  19 


. of  Industrial  Board. 

(Amended  by  Act  approved  May  31,  1917.) 

§  4.  Ter:m  “employer” — how  construed.]  The 
term  “employer”  as  used  in  this  Act  shall  be  con¬ 
strued  to  be : 

First — The  State,  and  each  county,  city,  town, 
township,  incorporated  village,  school  district,  body 
politic,  or  municipal  corporation  therein. 

Second — Every  person,  firm,  public  or  private 
corporation,  including  hospitals,  public  service,  elee- 
mosynaiy,  religious  or  charitable,  corporations  or 
iissociations  who  has  any  person  in  service  or  under 
any  contract  for  hire,  express  or  implied,  oral  or 
written,  and  who  is  engaged  in  any  of  the  enterprises 
or  businesses  enumerated  in  section  three  (3)  of  this 
Act,  or  who  at  or  prior  to  the  time  of  the  accident  to 
the  employee  for  which  compensation  under,  this  Act 


133 


may  be  claimed,  shall  in  the  manner  provided  in  this 
Act,  have  elected  to  become  subject  to  the  provisions 
of  this  Act,  and  who  shall  not,  prior  to  such  accident, 
have  effected  a  withdrawal  of  such  election  in  the 
manner  provided  in  this  Act.  (Amended  by  Act  ap¬ 
proved  June  25,  1917.) 

§  5.  Term  “employee” — now  construed.]  The 
term  “employee”  as  used  in  this  Act,  shall  be  con¬ 
strued  to  mean : 

First — Every  person  in  the  service  of  the  State, 
county,  city,  town,  township,  incorporated  village  or 
school  district,  body  politic  or  municipal  corporations 
therein,  under  appointment,  or  contract  of  hire,  ex¬ 
press  or  implied,  oral  or  written,  except  any  official 
of  the  State,  or  of  any  county,  city,  town,  township, 
incorporated  village,  school  district,  body  politic  or 
municipal  corporation  therein :  Provided,  that  any 
such  employee,  his  personal  representative,  benefi¬ 
ciaries  or  heirs,  who  is,  are  or  shall  be  entitled  to 
receive  a  pension  or  benefit  for  or  on  account  of  disa¬ 
bility  or  death  arising  out  of  or  in  the  course  of  his 
employment  from  a  pension  or  benefit  fund  to  which 
the  State  or  any  county,  town,  township,  incorporated 
village,  school  district,  body  politic  or  municipal  cor¬ 
poration  therein  is  a  contributor,  in  whole  or  in  part, 
shall  be  entitled  to  receive  only  such  part  of  pension 
or  benefit  as  in  excess  of  the  amount  of  compensation 
recovered  and  received  by  such  employee,  his  per¬ 
sonal  representative,  beneficiaries  or  heirs  under  this 
Act :  And,  provided,  f  urther,  that  one  employed  by  a 
contractor  who  has  contracted  with  the  State,  or  a 
county,  city,  town,  township,  incorporated  village, 
school  district,  body  politic  or  municipal  corporation, 
therein,  through  its  representatives,  shall  not  be  con¬ 
sidered,  as  an  employee  of  the  State,  county,  city, 
town,  township,  incorporated  village,  school  district, 
body  politic  or  municipal  corporation  which  made  the 
contract. 

Second — Every  person  in  the  service  of  another 


134 


under  any  contract  of  hire,  express  or  implied,  oral  or 
written,  including  aliens,  and  minors  who  are  legally 
permitted  to  work  under  the  laws  of  the  State,  who, 
for  the  purpose  of  this  Act,  shall  be  considered  the 
same  and  hare  the  same  power  to  contract,  receive 
payments  and  give  quittances  therefor,  as  adult  em¬ 
ployees,  but  not  including  any  person  who  is  not 
engaged  in  the  usual  course  of  the  trade,  business, 
profession  or  occupation  of  his  employer :  Provided, 
that  employees  shall  not  be  included  within  the  provi¬ 
sions  of  this  Act  when  excluded  bv  the  laws  of  the 
United  States  relating  to  liability  of  employers  to 
their  employees  for  personal  injuries  where  such  laws 
are  held  to  be  exclusive.  (Amended  by  Act  approved 
May  31,  1917.) 

§  6.  Employee’s  right  to  reco\t:r  damages.]  No 
common  law  or  statutory  right  to  recover  damages  for 
injury  or  death  sustained  by  any  employee  while 
engaged  in  the  line  of  his  duty  as  such  employee  other 
than  the  compensation  herein  provided  shall  be 
available  to  any  employee  who  is  covered  by  the  pro¬ 
visions  of  this  Act,  to  any  one  wholly  or  partially 
dependent  upon  him,  the  legal  representatives  of  his 
estate,  or  any  one  otherwise  entitled  to  recover  dam¬ 
ages  for  such  injury. 

§  7.  Amount  of  compensation  for  injetiy  result¬ 
ing  IN  DEATH.]  The  amount  of  compensation  which 
shall  be  paid  for  an  injury  to  the  employee  resulting 
in  death  shall  be : 

(a)  If  the  employee  leaves  any  widow,  child  or 
children  whom  he  was  under  legal  obligations  to  sup¬ 
port  at  the  time  of  his  injury,  a  sum  equal  to  four 
times  the  average  annual  earnings  of  the  employee, 
but  not  less  in  any  event  than  one  thousand  six  hun¬ 
dred  fifty  dollars  and  not  more  in  any  event  than 
three  thousand  five  hundred  dollars.  Any  compensa¬ 
tion  payments  other  than  necessary  medical,  surgical 
or  hospital  fees  or  services  shall  be  deducted  in  ascer¬ 
taining  the  amount  payable  on  death. 


135 


(b)  If  no  amount  is  payable  under  paragraph 
(a)  of  this  section  and  the  employee  leaves  any  par¬ 
ent,  husband,  child  or  children  who  at  the  time  of 
injury  were  totally  dependent  upon  the  earnings  of 
the  employee,  then  a  sum  equal  to  four  times  the 
average  annual  earnings  of  the  employee,  hut  not  less 
in  any  event  than  one  thousand  six  hundred  fifty  dol¬ 
lars,  and  not  more  in  any  event  than  three  thousand 
five  hundred  dollars. 

(c)  If  no  amount  is  payable  under  paragraphs 
(a)  or  (b)  of  this  section  and  the  employee  leaves 
any  parent,  child  or  children,  grandparent  or  grand¬ 
child,  who  at  the  time  of  injury  were  dependent  upon 
the  earnings  of  the  employee,  then  such  proportion  of 
a  sum  equal  to  four  times  the  average  annual  earn¬ 
ings  of  the  employee  as  such  dependency  hears  to  total 
dependency,  hut  not  less  in  any  event  than  one 
thousand  six  hundred  fifty  dollars  and  not  more  in 
any  event  than  three  thousand  five  hundred  dollars. 
Any  compensation  payments  other  than  necessary 
medical,  surgical  or  hospital  fees  or  services  shall  be 
deducted  in  ascertaining  the  amounts  payable  on 
death. 

(d)  If  no  amount  is  payable  under  paragraphs 
(a),  (b)  or  (c)  of  this  section  and  the  employee 
leaves  collateral  heirs  dependent  at  -the  time  of  the 
injury  to  the  employee  upon  his  earnings,  such  a  per¬ 
centage  of  the  sum  provided  in  paragraph  (a)  of  this 
section  as  the  average  annual  contributions  which  the 
deceased  made  to  the  support  of  such  dependent  col¬ 
lateral  heirs  during  the  two  years  preceding  the  in¬ 
jury  bears  to  his  average  annual  earnings  during  such 
two  years. 

(e)  If  no  amount  is  payable  under  paragraphs 
(a),  (b),  (c),  or  (d)  of  this  section,  a  sum  not  to 
exceed  one  hundred  and  fifty  dollars  for  burial  ex¬ 
penses  to  be  paid  by  the  employer  to  the  undertaker 
or  to  the  person  or  persons  incurring  the  expense  of 
burial. 


136 


(f)  For  all  compensation,  except  for  burial  ex¬ 
penses  provided  in  this  section  to  be  paid  in  case  in¬ 
jury  results  in  death,  shall  be  paid  in  installments 
equal  to  one-half  the  average  earnings,  at  the  same 
intervals  at  which  the  wages  or  earnings  of  the  em¬ 
ployee  were  paid ;  or  if  this  shall  not  be  feasible,  then 
the  installments  shall  be  paid  weekly :  Provided,  such 
compensation  may  be  paid  in  a  lump  sum  upon  peti¬ 
tion  as  provided  in  section  9  of  this  Act. 

(g)  The  compensation  to  be  paid  for  injury 
which  results  in  death,  as  provided  in  this  section, 
shall  be  paid  to  the  persons  who  form  the  basis  for 
determining  the  amount  of  compensation  to  be  paid 
by  the  employer,  the  respective  shares  to  be  in  the 
proportion  of  their  respective  dependency  at  the  time 
of  the  injury  on  the  earnings  of  the  deceased :  Pro¬ 
vided,  that  the  Industrial  Commission  or  an  arbitrator 
thereof  may,  in  its  or  his  discretion,  order  or  award 
the  payment  to  the  parent  or  grandparent  of  a  child 
for  the  latter’s  support  the  amount  of  compensation 
which  but  for  such  order  or  award  would  have  been 
paid  to  such  child  as  its  share  of  the  compensation 
payable,  which  order  or  award  may  be  modified  from 
time  to  time  by  the  Commission  in  its  discretion  with 
respect  to  the  persons  to  whom  shall  be  paid  the 
amount  of  said  order  or  award  remaining  unpaid  at 
the  time  of  said  modification. 

The  payments  of  compensation  by  the  employer 
in  accordance  with  the  order  or  award  of  the  Indus¬ 
trial  Commission  shall  discharge  such  employer  from 
all  further  obligation  as  to  such  compensation. 

In  a  case  where  any  of  the  persons  who  would  be 
entitled  to  compensation  is  living  at  any  place  outside 
of  the  United  States,  then  payment  shall  be  made  to 
the  personal  representative  of  the  deceased  employee. 
The  distribution  by  such  personal  representative  to 
the  persons  entitled  shall  be  made  to  such  persons  and 
in  such  manner  as  the  Commission  shall  order. 

(h)  1.  Whenever  in  paragraph  (a)  of  this  sec- 


137 


tioii  a  minimum  of  one  thousand  six  hundred  fifty 
dollars  is  provided,  such  minimum  shall  be  increased 
in  the  following  cases  to  the  following  amounts : 

One  thousand  seven  hundred  fifty  dollars  in  case 
of  a  widow  and  one  child  under  the  age  of  IG  years 
at  the  time  of  the  death  of  the  employee. 

One  thousand  eight  hundred  fifty  dollars  in  case 
of  a  widow"  and  tw"o  or  more  children  under  the  age 
of  16  years  at  the  time  of  the  death  of  the  employee. 

2.  Wherever  in  paragraph  (a)  of  this  section  a 
maximum  of  three  thousand  five  hundred  dollars  is 
provided,  such  maximum  shall  he  increased  in  the 
following  cases  to  the  follow"ing  amounts : 

Three  thousand  seven  hundred  fifty  dollars  in 
case  of  a  widow  and  one  child  under  the  age  of  10 
years  at  the  time  of  the  death  of  the  employee. 

Four  thousand  dollars  in  case  of  a  widow  and 
tw"0  or  more  children  under  the  age  of  IG  years  at 
the  time  of  the  death  of  the  employee.  (Amended  by 
Act  approved  June  28,  1919. 

§  8.  Amount  of  compensation.]  The  amount  of 
compensation  which  shall  be  paid  to  the  employee  for 
an  injury  not  resulting  in  death  shall  be : 

(a)  The  employer  shall  provide  the  necessary 
first  aid  medical  and  surgical  services ;  all  necessary 
hospital  services  during  the  period  for  w"hich  com¬ 
pensation  may  be  payable ;  also  all  necessary  medical 
and  surgical  services  for  a  period  not  longer  than 
eight  w’eeks,  not  to  exceed,  how^ever,  an  amount  of 
two  hundred  dollars,  and  in  addition  such  medical  or 
surgical  services  in  excess  of  such  limits  as  may  be 
necessary  during  the  time  such  hospital  services  are 
furnished.  All  of  the  foregoing  services  shall  be  lim¬ 
ited  to  those  w^hich  are  reasonably  required  to  cure 
and  relieve  from  the  effects  of  the  injury.  The  em¬ 
ployee  may  elect  to  secure  his  ow"n  physician,  surgeon 
or  hospital  services  at  his  owm  expense. 

(b)  If  the  period  of  temijorary  total  incapacity 
for  w"ork  lasts  for  more  than  six  w^orking  days,  com-. 


138 


pensation  equal  to  fifty  percentum  of  the  earnings, 
])nt  not  less  than  $7.00  nor  more  than  $12.00  per 
week,  beginning  on  the  eighth  day  of  such  temporary 
total  incapacity  and  continuing  as  long  as  the  tempo¬ 
rary  total  incapacity  lasts,  but  not  after  the  amount 
of  compensation  paid  equals  the  amount  which 
would  have  been  payable  as  a  death  benefit  under 
paragraph  (a),  section  7,  if  the  employee  had  died  as 
a  result  of  the  injury  at  the  time  thereof,  leaving 
heirs  surviving  as  provided  in  said  paragraph  (a), 
section  7 :  Provided,  that  in  the  case  where  tempo¬ 
rary  total  incapacity  for  work  continues  for  a  period 
of  four  weeks  from  the  day  of  the  injury,  then  com¬ 
pensation  shall  commence  on  the  day  after  the  injury. 

(c)  For  any  serious  and  permanent  disfigurement 
to  the  hand,  head  or  face,  the  employee  shall  be  en¬ 
titled  to  compensation  for  such  disfigurement,  the 
amount  fixed  by  agreement  or  by  arbitration  in  ac¬ 
cordance  with  the  provisions  of  this  Act,  which 
amount  shall  not  exceed  one-quarter  of  the  amount 
of  the  compensation  which  would  have  been  payable 
as  a  death  benefit  under  paragraph  (a),  section  7: 
Provided,  that  no  compensation  shall  be  payable  under 
this  paragraph  where  compensation  is  payable  under 
paragraph  (d),  (e)  or  (f)  of  this  section:  And,  pro¬ 
vided,  further,  that  when  the  disfigurement  is  to  the 
band,  head  or  face  as  a  result  of  any  injury,  .for 
which  injury  compensation  is  not  payable  under  para¬ 
graph  (d),  (e)  or  (f)  of  this  section,  compensation 
for  such  disfigurement  may  be  had  under  this  para¬ 
graph. 

(d)  If.  after  the  injury  has  been  sustained,  the 
employee  as  a  result  thereof  becomes  partially  in- 
Ci^pacitated  from  pursuing  his  usual  and  customary 
line  of  employment,  he  shall,  except  in  the  cases  cov¬ 
ered  by  the  specific  schedule  set  forth  in  paragraph 

(e)  of  this  section,  receive  compensation,  subject  to 
the  limitations  as  to  time  and  maximum  amounts 
fixed  in  paragraphs  (b)  and  (h)  of  this  section,  equal 


139 


to  fifty  percentum  of  the  difference  between  the  aver¬ 
age  amount  which  he  earned  before  the  accident,  and 
the  average  amount  which  he  is  earning  or  is  able 
to  earn  in  some  suitable  employment  or  business  after 
the  accident. 

(e)  For  injuries  in  the  following  schedule,  the 
employee  shall  receive  in  addition  to  compensation 
during  the  period  of  temporary  total  incapacity  for 
work  resulting  from  such  injury,  in  accordance  with 
the  provisions  of  paragraphs  (a)  and  (b)  of  this  sec¬ 
tion,  compensation,  for  a  further  period,  subject  to 
the  limitations  as  to  time  and  amounts  fixed  in  para¬ 
graphs  (b)  and  (h)  of  this  section,  for  the  specific 
loss  herein  mentioned,  as  follows,  but  shall  not  re¬ 
ceive  any  compensation  for  such  injuries  under  any 
other  provisions  of  this  Act. 

1.  For  the  loss  of  a  thumb,  or  the  permanent  am^; 
complete  loss  of  its  use,  fifty  percentum  of  the  aver 
age  weekly  wage  during  sixty  weeks ; 

2.  For  the  loss  of  a  first  finger,  commonly  called 
the  index  finger,  or  the  permanent  and  complete  loss 
of  its  use,  fifty  percentum  of  the  average  weekly 
wage  during  thirty-five  weeks ; 

3.  For  the  loss  of  a  second  finger,  or  the  per¬ 
manent  and  complete  loss  of  its  use,  fifty  percentum 
of  the  average  weekly  wage  during  thirty  weeks : 

4.  For  the  loss  of  a  third  finger,  or  the  perma¬ 
nent  and  complete  loss  of  its  use,  fifty  percentum  of 
the  average  weekly  wage  during  twenty  weeks  ; 

5.  For  the  loss  of  a  fourth  finger,  commonly 
called  the  little  finger,  or  the  permanent  and  com¬ 
plete  loss  of  its  use,  fifty  percentum  of  the  average 
weekly  wage  during  fifteen  weeks ; 

6.  The  loss  of  the  first  phalange  of  the  thumb, 
or  of  any  finger  shall  be  considered  to  be  equal  to  the 
loss  of  one-half  of  such  thumb  or  finger  and  compen¬ 
sation  shall  be  one-half  the  amount  above  specified. 

7.  The  loss  of  more  than  one  phalange  shall  be 
considered  as  the  loss  of  the  entire  finger  or  thumb ; 


140 


Provided,  hoicever,  that  in  no  case  shall  the  amount 
received  for  more  than  one  finger  exceed  the  amount 
provided  in  this  schedule  for  the  loss  of  a  hand ; 

8.  For  the  loss  of  a  great  toe,  fifty  percentum  of 
the  average  weekly  wage  during  thirty  weeks ; 

9.  For  the  loss  of  one  toe  other  than  the  great 
toe,  fifty  percentum  of  the  average  weekly  wage  dur¬ 
ing  ten  weeks,  and  for  the  additional  loss  of  one  or 
more  toes  other  than  the  great  toe,  fifty  percentum  of 
the  average  weekly  wage  during  an  additional  ten 
weeks ; 

10.  The  loss  of  the  first  phalange  of  any  toe  shall 
be  considered  to  be  the  equal  to  the  loss  of  one-half 
of  such  toe,  and  compensation  shall  be  one-half  of  the 
amount  above  specified ; 

11.  The  loss  of  more  than  one  phalange  shall  be 
considered  as  the  loss  of  the  entire  toe ; 

12.  For  the  loss  of  a  hand,  or  the  permanent  and 
complete  loss  of  its  use,  fifty  percentum  of  the  aver¬ 
age  weekly  wage  during  one  hundred  and  fifty 
weeks ; 

13.  For  the  loss  Of  an  arm  or  the  permanent  and 
complete  loss  of  its  use,  fifty  percentum  of  the  aver¬ 
age  weekly  wage  during  two  hundred  weeks ; 

14.  For  the  loss  of  a  foot,  or  the  permanent  and 
complete  loss  of  its  use,  fifty  percentum  of  the  aver¬ 
age  weekly  wage  during  one  hundred  and  twenty-five 
weeks ; 

15.  For  the  loss  of  a  leg,  or  the  permanent  and 
complete  loss  of  its  use,  fifty  percentum  of  the  aver¬ 
age  weekly  wage  during  one  hundred  and  seventy-five 
weeks ; 

16.  For  the  loss  of  the  sight  of  an  eye  or  for  the 
permanent  and  complete  loss  of  its  use,  fifty  per¬ 
centum  of  the  average  weekly  wage  during  one  hun¬ 
dred  weeks ; 

17.  For  the  permanent  partial  loss  of  use  of  a 
member  or  sight  of  an  eye,  fifty  percentum  of  the 
average  weekly  wage  during  that  portion  of  the  num- 


141 


ber  of  weeks  in  the  foregoing  schedule  provided  for 
the  loss  of  such  member  or  sight  of  an  eye  which  the 
partial  loss  of  use  thereof  bears  to  the  total  loss  of 
use  of  such  member  or  sight  of  eye. 

18.  The  loss  of  both  hands,  or  both  arms,  or  both 
feet,  or  both  legs,  or  both  eyes,  or  of  any  two  there¬ 
of,  or  the  permanent  and  complete  loss  of  use  there¬ 
of,  shall  constitute  total  and  permanent  disability,  to 
be  compensated  according  to  the  compensation  lixed 
by  paragraph  (f)  of  this  section:  Provided,  that  these 
specific  cases  of  total  and  permanent  disability  shall 
not  be  construed  as  excluding  other  cases. 

(f)  In  case  of  complete  disability,  which  renders 
the  employee  wholly  and  permanently  incapable  of 
work,  compensation  equal  to  fifty  percentum  of  his 
earnings,  but  not  less  than  $7.00  nor  more  than 
$12.00  per  week,  commencing  on  the  day  after  the 
injury,  and  continuing  until  the  amount  paid  equals 
the  amount  which  would  have  been  payable  as  a 
death  benefit  under  paragraph  (a),  section  7,  if  the 
employee  had  died  as  a  result  of  the  injury  at  the 
time  thereof,  leaving  heirs  surviving  as  provided  in 
said  paragraph  (a),  section  7,  and  thereafter  a  pen¬ 
sion  during  life  annually  equal  to  8  per  cent  of  the 
amount  which  would  have  been  payable  as  a  death 
benefit  under  paragraph  (a),  section  7,  if  the  em¬ 
ployee  had  died  as  a  result  of  the  injury  at  the  time 
thereof,  leaving  heirs  surviving,  as  provided  in  said 
paragraph  (a),  section  7.  Such  pension  shall  not  be 
less  than  $10.00  per  month  and  shall  be  payable 
monthly. 

(g)  In  case  death  occurs  as  a  result  of  the  injury 
before  the  total  of  the  payments  made  equals  the 
amount  payable  as  a  death  benefit,  then  in  case  the 
employee  leaves  any  widow,  child,  or  children,  par¬ 
ents,  grandparents,  or  other  lineal  heirs,  entitled  to 
compensation  under  section  7,  the  difference  between 
the  compensation  for  death  and  the  sum  of  the  pay¬ 
ments  made  to  the  employee  shall  be  paid,  at  the 


142; 


option  of  the  employer,  either  to  the  personal  repre¬ 
sentative  or  to  the  beneficiaries  of  the  deceased  em¬ 
ployee,  and  distributed,  as  provided  in  paragraph  (f) 
of  section  7,  but  in  no  case  shall  the  amount  payalde 
under  this  paragraph  be  less  than  $500.00. 

(h)  In  no  event  shall  the  compensation  to  be 
paid  exceed  fifty  percentum  of  the  average  weekly 
wage  or  exceed  $12.00  per  week  in  amount ;  nor,  ex¬ 
cept  in  case  of  complete  disability,  as  defined  above, 
shall  any  payments  extend  over  a  period  of  more  than 
eight  years  from  the  date  of  the  accident.  In  case 
an  injured  employee  shall  be  incompetent  at  the  time 
when  any  right  or  privilege  accrues  to  him  under  the 
provisions  of  this  Act  a  conservator  or  guardian  may 
be  appointed,  pursuant  to  law,  and  may,  on  behalf  of 
such  incompetent,  claim  and  exercise  any  such  right 
or  privilege  with  the  same  force  and  effect  as  if  the 
employee  himself  had  been  competent  and  had  claimed 
or  exercised  said  right  or  privilege ;  and  no  limita¬ 
tions  of  time  by  this  Act  provided  shall  run  so  long 
as  said  incompetent  employee  is  without  a  conservator 
or  a  guardian. 

(i)  All  compensation  provided  for  in  paragraphs 
(b),  (c),  (d),  (e),  and  (f)  of  this  section,  other  than 
cases  of  pension  for  life,  shall  be  paid  in  installments 
at  the  same  intervals  at  which  the  wages  or  earnings 
of  the  employee  were  paid  at  the  time  of  the  injury, 
or  if  this  shall  not  be  feasible,  then  the  installments 
shall  be  paid  weekly. 

(j)  1.  Wherever  in  this  section  there  is  a  pro¬ 
vision  for  fifty  percentum,  such  percentum  shall  be 
increased  five  percentum  for  each  child  of  the  em¬ 
ployee  under  16  years  of  age  at  the  time  of  the  injury 
to  the  employee  until  such  percentum  shall  reach  a 
maximum  of  sixty-five  percentum. 

2.  Wherever  in  this  section  a  weekly  minimum  of 
$7.00  is  provided,  such  minimum  shall  be  increased  in 
the  following  cases  to  the  following  amounts : 

$8.00  in  case  of  any  employee  having  one  child 


143 


under  the  age  of  16  years  at  the  time  of  the  injury 
to  the  employee ; 

$9.00  in  a  case  of  an  employee  having  two  chil¬ 
dren  under  the  age  of  16  years  at  the  time  of  the 
injury  to  the  employee ; 

$10.00  in  a  case  of  an  employee  having  three  or 
more  children  under  the  age  of  16  years  at  the  time 
of  the  injury  to  the  employee. 

3.  Wherever  in  this  section  a  weekly  maximum 
of  $12.00  i^  provided,  such  maximum  shall  he  in¬ 
creased  in  the  following  cases  to  the  following 
amounts : 

$13.00  in  case  of  an  employee  with  one  child 
under  the  age  of  16  years  at  the  time  of  the  injury  to 
the  employee ; 

$14.00  in  case  of  an  employee  with  two  children 
under  the  age  of  16  years  at  the  time  of  injury  to  the 
employee. 

$15.00  in  case  of  an  employee  with  three  or  more 
children  under  the  age  of  16  years  at  the  time  of  in¬ 
jury  to  the  employee. 

4.  The  increases  in  the  above  percentum  and  the 
minimum  and  maximum  amount  shall  be  paid  only 
so  long  as  the  child  upon  which  the  increase  is  based 
remains  under  the  age  of  16  years.  (Amended  by  Act 
approved  June  28,  1919.) 

§  9.  Where  payment  in  lump  sum  desired.] 
Any  employer  or  employee  or  beneficiary  who  shall 
desire  to  have  such  compensation,  or  any  unpaid  part 
thereof,  paid  in  a  lump  sum,  may  petition  the  In¬ 
dustrial  Board,  asking  that  such  compensation  be  so 
paid,  and  if,  upon  proper  notice  to  the  interested 
parties  and  a  proper  showing  made  before  .such  board, 
it  appears  to  the  interest  of  the  parties  that  such  com¬ 
pensation  be  so  paid,  the  board  may  order  the  com¬ 
mutation  of  the  compensation  to  an  equivalent  lump 
sum,  which  commutation  shall  be  an  amount  which 
will  equal  the  total  sum  of  the  probable  future  pay¬ 
ments  capitalized  at  their  present  value  upon  the 


144 


basis  of  interest  calculated  at  three  percentum  per 
annum  with  annual  rests :  Provided,  that  in  case  in¬ 
dicating  complete  disability  no  petition  for  a  commu¬ 
tation  to  a  lump  sum  basis  shall  be  entertained  by  the 
Industrial  Board  until  after  the  expiration  of  six 
months  from  the  date  of  the  injury,  and  where  neces¬ 
sary,  upon  proper  application  being  made,  a  guardian, 
conservator  or  administrator,  as  the  case  may  be,  may 
be  appointed  for  any  person  under  disability  who  may 
be  entitled  to  any  such  compensation,  and  an  employer 
bound  by  the  terms  of  this  Act,  and  liable  to  pay  such 
compensation,  may  petition  for  the  appointment  of  the 
public  administrator,  or  a  conservator,  or  guardian, 
where  no  legal  representative  has  been  appointed  or 
is  acting  for  such  party  or  parties  so  under  disability. 
Either  party  may  reject  an  award  of  a  lump  sum  pay¬ 
ment  of  compensation,  except  an  award  for  compensa¬ 
tion  under  section  7  or  paragraph  (e)  of  section  8  or 
for  the  injuries  defined  in  the  last  paragraph  of  para¬ 
graph  (e)  of  section  8  as  constituting  total  and  per¬ 
manent  disability,  by  filing  his  written  rejection 
thereof  with  the  said  board  within  ten  days  after 
notice  to  him  of  the  award,  in  which  event  compensa¬ 
tion  shall  be  payable  in  installments  as  herein  pro¬ 
vided.  (As  amended- by  Act  approved  June  28,  1915; 
in  force  July  1,  1915.) 

§  10.  Basis  for  computixg  compexsatiox.]  The 
basis  for  computing  the  compensation  provided  for  in 
sections  7  and  8  of  the  Act  shall  be  as  follows : 

(a)  The  compensation  shall  be  computed  on  the 
basis  of  the  annual  earnings  which  the  injured  per¬ 
son  received  as  salary,  wages  or  earnings  if  in  the 
employment  of  the  same  employer  continuously  dur¬ 
ing  the  year  next  preceding  the  injury. 

(b)  Employment  by  the  same  employer  shall  be 
taken  to  mean  employment  by  the  same  employer  in 
the  grade  in  which  the  employee  was  employed  at  the 
time  of  the  accident,  uninterrupted  by  absence  from 
work  due  to  illness  or  any  other  unavoidable  cause. 


145 


(<?)  If  tlio  injured  person  has  not  been  engaged 
in  the  einployinent  of  the  same  employer  for  the  full 
year  immediately  preceding  the  accident,  the  com¬ 
pensation  shall  he  computed  according  to  the  annual 
earnings  which  persons  of  the  same  class  in  the  same 
employment  and  same  location,  (or  if  that  he  imprac¬ 
ticable,  of  neighboring  employments  of  the  same  kind) 
have  earned  during  such  period. 

(d)  As  to  employees  in  employments  in  which  it 
is  the  custom  to  operate  throughout  the  working  days 
of  the  year,  the  annual  earnings,  if  not  otherwise 
determinable,  shall  be  regarded  as  300  times  the 
average  daily  earnings  in  such  computation. 

(e)  As  to  employees  in  employments  in  which  it 
is  the  custom  to  operate  for  a  part  of  the  whole  num¬ 
ber  of  working  days  in  each  year,  such  number,  if  the 
annual  earnings  are  not  otherwise  determinable,  shall 
he  used  instead  of  300  as  a  basis  for  computing  the 
annual  earnings :  P^'ovided,  the  minimum  number  of 
days  which  shall  be  so  used  for  the  basis  of  the  year’s 
work  shall  not  be  less  than  200. 

(f)  In  the  case  of  injured  employees  who  earn 
either  no  wage  or  less  than  the  earnings  of  adult  day 
laborers  in  the  same  line  of  employment  in  that  local¬ 
ity,  the  yearly  wage  shall  be  reckoned  according  to 
the  average  annual  earning  of  adults  of  the  same 
class  in  the  same  (or  if  that  is  impracticable  then  of 
neighboring)  employments. 

(g)  Earnings,  for  the  purpose  of  this  section, 
shall  be  based  on  the  earnings  for  the  number  of 
hours  commonly  regarded  as  a  day’s  work  for  that 
employment,  and  shall  exclude  overtime  earnings. 
The  earnings  shall  not  include  any  sum  which  the 
employer  has  been  accustomed  to  pay  the  employee  to 
cover  any  special  expense  entailed  on  him  by  the 
nature  of  his  employment. 

(h)  In  computing  the  compensation  to  be  paid 
to  any  employee,  who,  before  the  accident  for  which 
he  claims  compensation,  was  disabled  and  drawing 


146 


compensation  under  the  terms  of  this  Act,  the  com¬ 
pensation  for  each  subsequent  injury  shall  be  appor¬ 
tioned  according  to  the  proportion  of  incapacity  and 
disability  caused  by  the  respective  injuries  which  he 
may  have  suffered. 

(i)  To  determine  the  amount  of  compensation 
for  each  installment  period,  the  amount  per  annum 
shall  be  ascertained  pursuant  hereto,  and  such 
amount  divided  by  the  number  of  installment  periods 
per  annum. 

§  11.  COMPEXSATIOX  MEASUKE  OF  RESPONSIBILITY 
e:mployee  assumed  under  act.]  The  compensation 
herein  provided,  together  with  the  provisions  of  this 
Act  shall  be  the  measure  of  the  responsibility  of  any 
employer  engaged  in  any  of  the  enterprises  or  busi¬ 
nesses  enumerated  in  section  three  (3)  of  this  Act,  or 
of  any  employer  who  is  not  engaged  in  any  such  enter¬ 
prises  or  businesses,  but  who  has  elected  to  provide 
and  pay  compensation  for  accidental  injuries  sus¬ 
tained  by  any  employee  arising  out  of  and  in  the 
course  of  the  employment  according  to  the  provision 
of  this  Act,  and  whose  election  to  continue  under  this 
Act,  has  not  been  nullified  by  any  action  of  his  em¬ 
ployees  as  provided  for  in  this  Act.  (Amended  by  Act 
approved  June  25,  1917.) 

§  12.  Injured  employee  must  submit  to  ex¬ 
amination.]  An  employee  entitled  to  receive  disabil¬ 
ity  payments  shall  be  required,  if  requested  by  the 
employer,  to  submit  himself,  at  the  expense  of  the 
employer,  for  examination  to  a  duly  qualified  medical 
practitioner  or  surgeon  selected  by  the  employer,  at  a 
time  and  place  reasonably  convenient  for  the  em¬ 
ployee,  as  soon  as  practicable  after  the  injury,  and 
also  one  week  after  the  first  examination  and  there¬ 
after  at  intervals  not  oftener  than  once  every  four 
weeks,  which  examination  shall  be  for  the  purpose  of 
determining  the  nature,  extent  and  probable  duration 
of  the  injury  received  by  the  employee,  and  for  the 
purpose  of  ascertaining  the  amount-  of  compensation 


147 


J 


which  may  he  due  the  employee  from  time  to  time  for 
disability  according  to  the  i)rovisions  of  this  Act : 
Provided,  hoivcvcr,  that  such  examination  shall  he 
made  in  the  presence  of  a  duly  qualified  medical  ijrac- 
titioner  or  surgeon  provided  and  paid  for  by  the  em¬ 
ployee,  if  such  employees  so  desires.  In  all  cases 
where  the  examination  is  made  by  a  surgeon  engaged 
by  the  employer  and  the  injured  employee  has  no 
surgeon  present  at  such  examination,  it  shall  be  the 
duty  of  the  surgeon  making  the  examination  at  the 
instance  of  the  employer  to  deliver  to  the  injured  em¬ 
ployee,  upon  his  request  or  that  of  his  representative 
a  statement  in  writing  of  the  condition  and  extent  of 
the  injury  to  the  same  extent  that  said  surgeon  reports 
to  the  employer.  If  the  employee  refuses  so  to  sub¬ 
mit  himself  to  examination  or  unnecessarily  obstructs 
the  same,  his  right  to  compensation  payments  shall  be 
temporarily  suspended  until  such  examination  shall 
have  taken  place,  and  no  compensation  shall  be  pay¬ 
able  under  this  Act  for  such  period.  It  shall  be  the 
duty  of  surgeons  treating  an  injured  employee  who  is 
likely  to  die  and  treating  him  at  the  instance  of  the 
employer  to  have  called  in  another  surgeon,  to  be 
designated  and  paid  for  by  either  the  injured  em¬ 
ployee  or  by  the  person  or  persons  who  would  become 
his  beneficiary  or  beneficiaries  to  make  an  examina¬ 
tion  before  the  death  of  such  injured  employee.  (As 
amended  by  an  Act  approved  June  28,  1915 ;  in  force 
July  1,  1915.) 

§  13a.  Industrial  board  created — appointment — 
TERM  OF  office.]  There  is  hereby  created  a  board 
which  shall  be  known  as  the  Industrial  Board  to  con¬ 
sist  of  five  members  to  be  appointed  by  the  Governor, 
by  and  with  the  consent  of  the  Senate,  two  of  whom 
shall  be  representative  citizens  of  the  employing  class 
operating  under  this  Act,  and  two  of  whom  shall  be 
-  representative  citizens  of  the  class  of  employees 
operating  under  this  Act,  and  one  of  whom  shall  be  a 
representative  citizen  not  identified  with  either  the 


148 


employing  or  employee  classes  and  who  shall  be 
designated  by  the  Governor  as  chairman.  Appoint¬ 
ment  of  members  to  places  on  the  first  board  or  to 
fill  vacancies  on  said  board  may  be  made  during 
recesses  of  the  Senate,  but  shall  be  subject  to  con¬ 
firmation  by  the  Senate  at  the  next  ensuing  session 
of  the  Legislature. 

(b)  When  there  shall  become  effective  the  Act 
known  as  “The  Civil  Administrative  Code  of  Illinois,’' 
being  an  Act  entitled  “An  Act  in  relation  to  the  civil 
administration  of  the  State  Government,”  there  shall 
thereupon  be  vested  in  the  Industrial  Commission 
and  the  industrial  officers  thereof  by  said  Act  created, 
all  of  the  powers  and  duties  vested  in  the  Industrial 
Board  by  the  Workmen’s  Compensation  Act,  and 
thereupon  wherever  in  the  Workmen’s  Compensation 
Act  reference  shall  be  made  to  the  Industrial  Board, 
the  board  or  to  any  member  thereof,  it  shall  be  con¬ 
strued  as  referring  and  shall  apply  to  the  said  In¬ 
dustrial  Commission,  the  said  Commission,  and  any 
industrial  officer  thereof,  respectively.  (Amended  by 
Act  approved  June  25,  1917.) 

§  14.  Salary — secretary — clerks — seal.]  The 
salary  of  each  of  the  members  of  the  Commission  ap¬ 
pointed  by  the  Governor  shall  be  Five  thousand  dol¬ 
lars  ($5,000.00)  per  year.  The  Commission  shall 
appoint  a  secretary  and  shall  employ  such  assistants 
and  clerical  help  as  may  be  necessary. 

The  salary  of  the  arbitrators  designated  by  the 
Commission  shall  be  at  the  rate  of  Three  thousand 
dollars  ($3,000.00)  per  year. 

•  The  members  of  the  Commission  and  the  arbitra¬ 
tors  shall  have  reimbursed  to  them  their  actual  travel¬ 
ing  expenses  and  disbursements  made  or  incurred  by 
them  in  the  discharge  of  their  official  duties  while 
away  from  their  places  of  residence  in  the  perform¬ 
ance  of  their  duties.  The  Commission  shall  provide 
itself  with  a  seal  for  the  authentication  of  its  orders, 
awards,  and  proceedings,  upon  which  shall  be  in- 


149 


scribed  the  name  of  the  Commission  and  the  words 
“Illinois — Seal”.  (Amended  by  Act  approved  Jnne 
28,  1919.) 

§  15.  Jurisdiction — duties.]  The  Industrial  Board 
shall  have  jurisdiction  over  the  operation  and  admin¬ 
istration  of  this  Act,  and  said  board  shall  perform  all 
the  duties  imposed  upon  it  by  this  Act,  and  such 
further  duties  as  may  hereafter  be  imposed  by  law, 
and  the  rules  of  the  board  not  inconsistent  therewith. 

§  16.  Rules  and  orders  —  procedure  —  powers.] 
The  board  may  make  rules  and  orders  for  carrying 
out  the  duties  imposed  upon  it  by  law,  which  rules 
and  orders  shall  be  deemed  prima  fade  reasonable 
and  valid ;  and  the  process  and  procedure  before  the 
board  shall  be  as  simple  and  summary  as  reasonably 
may  be.  The  board  upon  application  of  either  party 
may  issue  declimus  potestatem  directed  to  a  commis¬ 
sioner,  notary  public,  justice  of  the  peace  or  any  other 
officer  authorized  by  law  to  administer  oaths,  to  take 
the  depositions  of  such  witness  or  witnesses  as  may 
be  necessary  in  the  judgment  of  such  applicant.  Such 
dedimus  potestatem  may  issue  to  any  of  the  officers 
aforesaid  in  any  state  or  territory  of  the  United 
States  or  in  any  foreign  country.  The  board  shall 
have  the  power  to  adopt  necessary  rules  to  govern  the 
issue  of  such  dedimus  potestatem.  The  board,  or  any 
member  thereof,  or  any  arbitrator  designated  by  said 
board  shall  have  the  power  to  administer  oaths,  sub¬ 
poena  and  examine  witnesses,  to  issue  subpoenas  duces 
tecum,  requiring  the  production  of  such  books, 
papers,  records  and  documents  as  may  be  evidence  of 
any  matter  under  inquiry,  and  to  examine  and  in¬ 
spect  the  same  and  such  places  or  premises  as  may 
relate  to  tjie  question  in  dispute.  Said  board,  or  any 
member  thereof,  or  any  arbitrator  designated  by  said 
board,  shall  on  written  request  of  either  party  to  the 
dispute,  issue  subpoenas  for  the  attendance  of  such 
witnesses  and  production  of  such  books,  papers,  rec¬ 
ords  and  documents  as  shall  be  designated  in  said 


150 


applications,  providing,  however,  that  the  parties 
applying  for  such  subpoena  shall  advance  the  officer 
and  witness  fees  provided  for  in  suits  pending  in  the 
circuit  court.  Service  of  such  subpoenas  shall  be 
made  by  any  sheriff  or  constable  or  other  person.  In 
case  any  person  refuses  to  comply  with  an  order  of 
the  board  or  subpoena  issued  by  it  or  any  member 
thereof,  or  any  arbitrator  designated  by  said  board  or 
to  permit  an  inspection  of  places  or  premises,  or  to 
produce  any  books,  papers,  records,  or  documents,  or 
any  witness  refuses  to  testify  to  any  matters  regard¬ 
ing  which  he  may  be  lawfully  interrogated,  the  county 
court  of  the  county  in  which  said  hearing  or  matter 
is  pending,  on  application  of  any  member  of  the  board 
or  any  arbitrator  designated  by  the  board,  shall  com¬ 
pel  obedience  by  attachment  proceedings,  as  for  con¬ 
tempt,  as  in  a  case  of  disobedience  of  the  require¬ 
ments  of  a  subpoena  from  such  court  on  a  refusal  to 
testify  therein. 

The  board  at  its  expense  shall  provide  a  stenog¬ 
rapher  to  take  the  testimony  and  record  of  proceed¬ 
ings  at  the  hearings  before  an  arbitrator,  committee 
of  arbitration,  or  the  board,  and  said  stenographer 
shall  furnish  a  transcript  of  such  testimony  or  pro¬ 
ceedings  to  any  person  requesting  it  upon  payment  to 
him  therefor  of  five  cents  per  one  hundred  words  for 
the  original  and  three  cents  per  one  hundred  words 
for  each  copy  of  such  transcript. 

The  board  shall  have  the  power  to  determine  the 
reasonableness  and  fix  the  amount  of  any  fee  or  com¬ 
pensation  charged  by  any  person  for  any  service  per¬ 
formed  in  connection  with  this  Act,  or  for  which 
payment  is  to  be  made  under  this  Act  or  rendered  in 
securing  any  right  under  this  Act.  (Amended  by  Act 
approved  May  13,  1917.) 

§  17.  Blank  forms — books  and  records.]  The 
board  shall  cause  to  be  printed  and  furnish  free  of 
charge  upon  request  by  any  employer  or  employee 
such  blank  forms  as  it  shall  deem  requisite  to  facih- 


151 


tate  or  promote  the  efficient  administration  of  this 
Act,  and  the  performance  of  the  duties  of  the  board ; 
it  shall  provide  a  proper  record  in  which  shall  be 
entered  and  indexed  the  name  of  any  employer  who 
shall  file  a  notice  of  declination  or  withdrawal 
under  this  Act,  and  the  date  of  the  filing  thereof ; 
and  a  proper  record  in  which  shall  be  entered 
and  indexed  the  name  of  any  employee  who 
shall  file  such  a  notice  of  declination  or  withdrawal, 
and  the  date  of  the  filing  thereof ;  and  such  other 
notices  as  may  be  required  by  the  terms  and  intend¬ 
ment  of  this  Act ;  and  records  in  which  shall  be 
recorded  all  proceedings,  orders  and  awards  had  or 
made  by  the  board,  or  by  the  arbitration  committees, 
and  such  other  books  or  records  as  it  shall  deem 
necessary,  all  such  records  to  be  kept  in  the  oflSce  of 
the  board. 

§  18.  Questions  determined  by  industrial  board.] 
All  questions  arising  under  this  Act,  if  not  settled  by 
agreement  of  the  parties  interested  therein,  shall, 
except  as  otherwise  provided,  be  determined  by  the 
Industrial  Board. 

§  19.  Disputed  questions  of  law  or  fact — com¬ 
mittee  OF  ARBITRATION - DECISION - PETITION  FOR  RE¬ 
VIEW — PHYSICIAN — DECISION  OF  INDUSTRIAL  BOARD - 

REVIEW  BY  SUPREME  COURT CIRCUIT  COURT  TO  RENDER 

JUDGMENT REVIEW  AFTER  AWARD ADDRESS  TO  BE 

FILED. — NOTICE.]  Any  disputed  question  of  law  or  fact 
shall  be  determined  as  herein  provided. 

(a)  It  shall  be  the  duty  of  the  Industrial  Com¬ 
mission  upon  notification  that  the  parties  have  failed 
to  reach  an  agreement,  to  designate  an  arbitrator : 
Provided,  that  if  the  compensation  claimed  is  for  a 
partial  permanent  or  total  permanent  incapacity  or 
for  death,  then  the  dispute  may,  at  the  election  of 
either  party,  be  determined  by  a  committee  of  arbi¬ 
tration,  which  election  for  determination  by  a  com¬ 
mittee  shall  be  made  by  petitioner  filing  with  the  Com¬ 
mission  his  election  .in  writing  with  his  petition  or 


152 


by  the  other  party  filing  with  the  Commission  his 
election  in  writing  within  five  days  of  notice  to  him 
of  the  filing  of  the  petition,  and  thereupon  it  shall  be 
the  duty  of  the  Industrial  Commission,  upon  either  of  ^ 
the  parties  having  filed  their  election  for  a  committee 
of  arbitration  as  above  provided,  to  notify  both  par¬ 
ties  to  appoint  their  respective  representatives  on  the 
committee  of  arbitration.  The  Commission  shall 
designate  an  arbitrator  to  act  as  chairman,  and  if 
either  party  fails  to  appoint  its  member  on  the  com-- 
mittee  within  seven  days  after  notification  as  above 
provided,  the  Commission  shall  appoint  a  person  to 
fill  the  vacancy  and  notify  the  parties  to  that  effect. 

The  party  filing  his  election  for  a  committee  of  arbi¬ 
tration  shall  with  his  election  deposit  with  the  Com¬ 
mission  the  sum  of  twenty  dollars,  to  be  paid  by  the 
Commission  to  the  arbitrators  selected  by  the  parties 
as  compensation  for  their  services  as  arbitrators,  and 
upon  a  failure  to  deposit  as  aforesaid,  the  election 
shall  be  void  and  the  determination  shall  be  by  an 
arbitrator  designated  by  the  Commission.  The  mem¬ 
bers  of  the  committee  of  arbitration  appointed  by 
either  of  the  parties  or  one  appointed  by  the  Com¬ 
mission  to  fill  a  vacancy  by  reason  of  the  failure  of 
one  of  the  parties  to  appoint,  shall  not  be  a  member 
of  the  Commission  or  an  employee  thereof. 

(b)  The  arbitrator  or  committee  of  arbitration 
shall  make  such  inquiries  and  investigations  as  he  or 
they  shall  deem  necessary,  and  may  examine  and  in¬ 
spect  all  books,  papers,  records,  places,  or  premises 
relating  to  the  questions  in  dispute,  and  hear  such 
proper  evidence  as  the  parties  may  submit.  The  hear¬ 
ings  before  the  arbitrator  or  committee  of  arbitration 
shall  be  held  in  the  vicinity  where  the  injury  oc¬ 
curred,  after  ten  days’  notice  of  the  time  and  place  of 
such  hearing  shall  have  been  given  to  each  of  the 
parties  or  their  attorneys  of  record.  The  decision  of 
the  arbitrator  or  committee  of  arbitration  shall  be 
filed  with  the  Industrial  Commission,  which  Commis- 


153 


Sion  shall  immediately  send  to  each  party  or  his  at¬ 
torney  a  copy  of  such  decision,  toj^ether  with  a  noti- 
lication  of  the  time  when  it  was  filed,  and  unless  a 
petition  for  a  review  is  filed  by  either  party  within 
fifteen  days  after  the  receipt  hy  said  party  of  the  copy 
of  said  decision  and  notification  of  time  when  filed, 
and  unless  such  party  petitioning  for  a  review  shall 
within  twenty  days  after  the  receipt  by  him  of  the 
copy  of  said  decision,  file  with  the  Commission  either 
an  agreed  statement  of  the  facts  appearing  upon  the 
hearing  before  the  arbitrator  or  committee  of  arbitra¬ 
tion,  or  if  such  party  shall  so  elect,  a  correct  steno¬ 
graphic  report  of  the  proceedings  at  such  hearings, 
then  the  decision  shall  become  the  decision  of  the 
Industrial  Commission  and  in  the  absence  of  fraud 
shall  be  conclusive :  Provided,  that  such  Industrial 
Commission  may  for  sufficient  cause  shown  grant  fur¬ 
ther  time,  not  exceeding  thirty  days,  in  which  to  peti¬ 
tion  for  such  review  or  to  file  such  agreed  statement 
or  stenographic  report.  Such  agreed  statement  of  facts 
or  correct  stenographic  report,  as  the  case  may  be, 
shall  be  authenticated  l)y  the  signatures  of  the  par¬ 
ties  or  their  attorneys  and  in  the  event  they  do  not 
agree  as  to  the  correctness  of  the  stenographic  report 
it  shall  be  authenticated  by  the  signature  of  the 
arbitrator  designated  by  the  Commission. 

(c)  The  Industrial  Commission  may  appoint,  at 
its  own  expense,  a  duly  qualified,  impartial  physician 
to  examine  the  injured  employee  and  report  to  the 
Commission.  The  fee  for  this  service  shall  not  exceed 
five  dollars  and  traveling  expenses,  but  the  Commis¬ 
sion  may  allow  additional  reasonable  amounts  in 
extraordinary  cases.  The  fees  and  the  payment 
thereof  of  all  attorneys  and  physicians  for  services 
authorized  by  the  Commission  under  this  Act  shall, 
upon  request  of  either  the  employer  or  the  employee 
or  the  beneficiary  affected,  be  subject  to  the  review 
and  decision  of  the  Industrial  Commission. 

(d)  If  any  employee  shall  persist  in  insanitary  or 


154 


injurious  practices  which  tend  to  either  imperil  or 
retard  his  recovery  or  shall  refuse  to  submit  to  such 
medical  or  surgical  treatment  as  is  reasonably  essen¬ 
tial  to  promote  his  recovery,  the  Commission  may,  in 
its  discretion,  reduce  or  suspend  the  compensation  of 
any  such  injured  employee. 

(e)  If  a  petition  for  review  and  agreed  state¬ 
ment  of  facts  or  stenographic  report  is  filed,  as  pro¬ 
vided  herein,  the  Industrial  Commission  shall 
promptly  review  the  decision  of  the  arbitrator  or 
committee  of  arbitration  and  all  questions  of  law  or 
fact  which  appear  from  the  said  statement  of  facts 
or  stenographic  report,  and  such  additional  evidence 
as  the  parties  may  submit.  After  such  hearing  upon 
review,  the  Commission  shall  file  in  its  office  its 
decision  thereon,  and  shall  immediately  send  to  each 
party  or  his  attorney  a  copy  of  such  decision  and  a 
notification  of  the  time  when  it  was  fied. 

Such  review  and  hearing  may  be  held  in  its  office 
or  elsewhere  as  the  Commission  may  deem  advisable : 
Provided,  that  the  taking  of  testimony  on  such  hear¬ 
ing  may  be  had  ’  before  any  member  of  the  Commis¬ 
sion  and  in  the  event  either  of  the  parties  may  desire 
an  argument  before  others  of  the  Commission  such 
argument  may  be  had  upon  written  demand  therefor 
filed  with  the  Commission  within  five  days  after  the 
commencement  of  such  taking  of  testimony,  in  which 
event  such  argument  shall  be  had  before  not  less  than 
a  majority  of  the  Commission : :  Provided,  that  the 
Commission  shall  give  ten  days’  notice  to  the  parties 
or  their  attorneys  of  the  time  and  place  of  such  tak¬ 
ing  of  testimony  and  of  such  argument. 

In  any  case  the  Commission  in  its  decision  may 
in  its  discretion  find  specially  upon  any  question  or 
questions  of  law  or  fact  which  shall  be  submitted  in 
writing  by  either  party,  whether  ultimate  or  other¬ 
wise.  Any  party  may,  within  twenty  days  after  re¬ 
ceipt  of  notice  of  the  Commission’s  decision,  or  within 
such  further  time,  not  exceeding  thirty  days,  as  the 


155 


Commission  may  grant,  file  with  the  Commission 
either  an  agreed  statement  of  the  facts  appearing 
upon  the  hearing,  or,  if  such  party  shall  so  elect  a 
correct  stenographic  report  of  the  additional  proceed¬ 
ings  presented  before  the  Commission,  in  which  report 
the  party  may  embody  a  correct  statement  of  such 
other  proceedings  in  the  case  as  such  party  may  de¬ 
sire  to  have  reviewed  such  statement  of  facts  or 
stenographic  report  to  be  authenticated  by  the  signa¬ 
tures  of  the  parties  or  their  attorneys,  and  in  the 
event  that  they  do  not  agree,  then  the  authentication 
of  such  stenographic  report  shall  be  by  the  signature 
of  any  member  of  the  Commission.  The  applications 
for  adjustment  of  claim  and  other  documents  in  the 
nature  of  pleadings  filed  by  either  party,  together 
with  the  decisions  of  the  arbitrator  and  of  the  Indus¬ 
trial  Commission  and  the  statement  of  facts  or  steno¬ 
graphic  reports  hereinbefore  provided  for  in  para¬ 
graphs  (b)  and  (c)  shall  be  the  record  of  the  pro¬ 
ceedings  of  said  Commission,  and  shall  be  subject  to 
review  as  hereinafter  provided. 

(f)  The  decision  of  the  Industrial  Commission, 
acting  within  its  powers,  according  to  the  provisions 
of  paragraph  (e)  of  this  section  shall,  in  the  absence 
of  fraud,  be  conclusive,  unless  reviewed  as  in  this  par¬ 
agraph  hereinafter  provided. 

(1)  The  Circuit  Court  of  the  county  where  any 
of  the  parties  defendant  may  be  found  shall  by  writ 
of  certiorari  to  the  Industrial  Commission  have 
power  to  review  all  questions  of  law  presented  by 
such  record,  except  such  as  arise  in  a  proceeding  in 
which  under  paragraph  (b)  of  this  section  a  decision 
of  the  arbitrator  or  committee  of  arbitration  has  be¬ 
come  the  decision  of  the  Industrial  Commission.  Such 
writ  shall  be  issued  by  the  Clerk  of  such  court  upon 
praecipe.  Service  upon  any  member  of  the  Industrial 
Commission  or  the  secretary  thereof  shall  be  service 
on  the  Commission  and  service  upon  other  parties 
interested  shall  be  by  scire  facias,  or  service  may  be 


156 


made  upon  said  Commission  and  other  parties  in  in¬ 
terest  by  mailing  notice  of  the  commencement  of  the 
proceedings  and  the  return  day  of  the  writ  to  the 
office  of  said  Commission  and  the  last  known  place  of 
residence  of  the  other  parties  in  interest  at  least  ten 
days  before  the  return  day  of  said  writ.  Such  suit  by 
writ  of  certiorari  shall  be  commenced  within  twenty 
days  of  the  receipt  of  notice  of  the  decision  of  the 
Commission. 

The  Industrial  Commission  shall  not  be  required 
to  certify  the  record  of  their  proceedings  to  the  Cir¬ 
cuit  Court,  unless  the  party  commencing  the  proceed¬ 
ings  for  review  in  the  Circuit  Court,  as  above  pro¬ 
vided,  shall  pay  to  the  Commission  the  sum  of  five 
cents  per  one  hundred  words  of  testimony  taken  be¬ 
fore  said  Commission  and  three  cents  per  one  hun¬ 
dred  words  of  all  other  matters  contained  in  such 
record. 

(2)  No  such  writ  of  certiorari  shall  issue  unless 
the  one  against  whom  the  Industrial  Commission  shall 
have  rendered  an  award  for  the  payment  of  money 
shall  upon  the  filing  of  his  praecipe  for  such  writ  file 
with  the  clerk  of  said  court  a  bond  conditioned  that 
if  he  shall  not  successfully  prosecute  said  writ,  he  will 
pay  the  said  award,  and  the  costs  of  the  proceedings 
in  said  court.  The  amount  of  the  bond  shall  be  fixed 
by  any  member  of  the  Industrial  Commission  and  the 
surety  or  sureties  on  said  bond  shall  be  approved  by 
the  clerk  of  said  court. 

The  court  may  confirm  or  set  aside  the  decision 
of  the  Industrial  Commission.  If  the  decision  is  set 
aside  and  the  facts  found  in  the  proceedings  before 
the  Commission  are  sufficient,  the  court  may  enter 
such  decision  as  is  justified  by  law,  or  may  remand 
the  cause  to  the  Industrial  Commission  for  further 
proceedings,  and  may  state  the  questions  requiring 
further  hearing,  and  give  such  other  instructions  as 
may  be  proper. 


157 


Judgments  and  orders  of  the  Circuit  Court  under 
this  Act  shall  be  reviewed  only  by  the  Supreme  Court 
upon  a  writ  of  error  which  the  Supreme  Court  in  its 
discretion  may  order  to  issue,  if  applied  for  not  later 
than  the  second  day  of  the  first  term  of  the  Supreme 
Court  following  the  rendition  of  the  Circuit  Court 
judgment  or  order  sought  to  be  reviewed,  provided 
that  if  the  first  day  of  said  term  is  less  than  thirty 
days  from  the  rendition  of  said  judgment  or  order, 
then  application  for  said  writ  of  error  maj"  be  made 
not  later  than  the  second  day  of  the  second  term  fol¬ 
lowing  the  rendition  of  said  judgment  or  order. 

The  wu-it  of , error  wiien  issued  shall  operate  as  a 
supersedeas.  * 

The  bond  filed  with  the  praecipe  for  the  wuit  of 
certiorari  as  provided  in  this  paragraph  shall  oper¬ 
ate  as  a  stay  of  the  judgment  or  order  of  the  Circuit 
Court  until  the  time  shall  have  passed  within  wiiich 
an  application  for  a  writ  of  error  can  be  made,  and 
until  the  Supreme  Court  has  acted  upon  the  applica¬ 
tion  for  a  writ  of  error,  if  such  application  is  made. 

The  decision  of  a  majority  of  the  members  of  a 
committee  of  arbitration  or  of  the  Industrial  Com¬ 
mission  shall  be  considered  the  decision  of  such  com¬ 
mittee  or  Commission,  respectively. 

(g)  Either  party  may  present  a  certified  copy  of 
the  decision  of  the  Industrial  Commission,  when  no 
proceedings  for  review’  thereof  have  been  taken,  or  of 
the  decision  of  such  arbitrator  or  committee  or  arbi¬ 
tration  w’hen  no  claim  for  review  is  made,  or  of  the 
decision  of  the  Industrial  Commission  after  hearing 
upon  review’,  providing  for  the  payment  of  compensa¬ 
tion  according  to  this  Act,  to  the  Circuit  Court  of  the 
county  in  w’hich  such  accident  occurred  or  either  of 
the  parties  are  residents,  w’hereupon  said  court  shall 
render  a  judgment  in  accordance  therew  ith ;  and  in 
case  w’here  the  employer  does  not  institute  proceedings 
for  review  of  the  decision  of  the  Industrial  Commis¬ 
sion  and  refuses  to  pay  compensation  according  to  the 

1' 

A 

} 


158 


award  upon  which  such  judgment  is  entered,  the 
court  shall,  in  entering  judgment  thereon,  tax  as  costs 
against  him  the  reasonable  costs  and  attorney  fees  in 
the  arbitration  proceedings  and  in  the  court  entering 
the  judgment,  for  the  person  in  whose  favor  the  judg¬ 
ment  is  entered,  which  judgment  and  costs,  taxed  as 
herein  provided  shall,  until  and  unless  set  aside,  have 
the  same  effect  as  though  duly  rendered  in  an  action 
duly  tried  and  determined  by  said  court,  and  shall, 
with  like  effect,  be  entered  and  docketed.  The  Circuit 
Court  shall  have  power,  at  any  time,  upon  application, 
to  make  any  such  judgment  conform  to  any  modifica¬ 
tion  required  by  any  subsequent  decision  of  the  Su¬ 
preme  Court  upon  appeal,  or  as  the  result  of  any  sub¬ 
sequent  proceedings  for  review,  as  provided  in  this 
Act. 

Judgment  shall  not  be  entered  until  fifteen  days’ 
notice  of  the  time  and  place  of  the  application  for  the 
entry  of  judgment  shall  be  served  upon  the  employer 
by  filing  such  notice  with  the  Industrial  Commission, 
which  Commission  shall,  in  case  it  has  on  file  the  ad¬ 
dress  of  the  employer  or  the  name  and  address  of  its 
agent,  upon  whom  notices  may  be  served,  immediately 
send  a  copy  of  the  notice  to  the  employer  or  such 
designated  agent ;  and  no  judgment  shall  be  entered 
in  the  event  the  employer  shall  file  with  the  said  Com¬ 
mission  its  bond,  with  good  and  sufiicient  surety  in 
double  the  amount  of  the  award,  conditioned  upon 
the  payment  of  said  award  in  the  event  the  said  em¬ 
ployer  shall  fail  to  prosecute  with  effect  proceedings 
for  review  of  the  decision  or  the  said  decision,  upon 
review,  shall  be  affirmed. 

(h)  An  agreement  or  award  under  this  Act,  pro¬ 
viding  for  compensation  in  installments,  may  at  any 
time  within  eighteen  months  after  such  agreement  or 
award  be  reviewed  by  the  Industrial  Commission  at 
the  request  of  either  the  employer  or  the  employee, 
on  the  ground  that  the  disability  of  the  employee  has 
subsequently  recurred,  increased,  diminished  or  end- 


159 


Gcl ;  and  on  such  review,  compensation  payments  may 
he  re-established,  increased,  diminished  or  ended : 
Provided,  that  the  Commission  shall  give  fifteen  days’ 
notice  to  the  parties  of  the  hearing  for  review :  And, 
provided,  further,  any  employee,  upon  any  petition  for 
such  review  being  filed  by  the  employer,  shall  be 
entitled  to  one  day’s  notice  for  each  one  hundred  miles 
necessary  to  be  traveled  by  him  in  attending  the 
hearing  of  the  Commission  upon  said  petition  and 
three  days  in  addition  thereto,  and  such  employee, 
shall,  at  the  discretion  of  the  Commission,  also  be 
entitled  to  five  cents  per  mile,  necessarily  traveled  by 
him  in  attending  such  hearing  not  to  exceed  a  dis¬ 
tance  of  300  miles,  to  be  taxed  by  the  Commission  as 
costs  and  deposited  with  the  petition  of  the  employer. 

(i)  Each  party,  upon  taking  any  proceedings  or 
steps  whatsoever  before  any  arbitrator,  committee 
of  arbitration.  Industrial  Commission  or  court,  shall 
file  with  the  Industrial  Commission  his  address,  or 
the  name  and  address  of  an  agent  upon  whom  all 
notices  to  be  given  to  such  party  shall  be  served, 
either  personally  or  by  registered  mail  addressed  to 
such  party  or  agent  at  the  last  address  so  filed  with 
the  Industrial  Commission :  Provided,  that  in  the 
event  such  party  has  not  filed  his  address,  or  the 
name  and  address  of  an  agent,  as  above  provided, 
service  of  any  notice  may  be  had  by  filing  such  notice 
with  the  Industrial  Commission. 

(j)  Whenever  in  any  proceeding  testimony  has 
been  taken  or  a  final  decision  has  been  rendered,  and 
after  the  taking  of  such  testimony,  or  after  such  de¬ 
cision  has  become  final,  the  injured  employee  dies, 
then  in  any  subsequent  proceeding  brought  by  the 
personal  representative  or  beneficiaries  of  the  de¬ 
ceased  employee,  such  testimony  in  the  former  pro¬ 
ceeding  may  be  introduced  with  the  same  force  and 
effect  as  though  the  witness  having  so  testified  were 
present  in  person  in  such  subsequent  proceeding  and 
such  final  decision,  if  any,  shall  be  taken  as  a  final 


160 


adjudication  of  any  of  the  issues  which  are  the  same 
in  both  proceedings. 

(k)  In  any  case  where  there  has  been  any  un¬ 
reasonable  or  vexatious  delay  of  payment  or  inten¬ 
tional  underpayment  of  compensation,  or  proceedings 
have  been  instituted  or  carried  on  by  the  one  liable 
to  pay  the  compensation,  which  do  not  present  a  real 
controversy,  but  are  merely  frivolous  or  for  delay, 
then  the  Commission  may  award  compensation  ad¬ 
ditional  to  that  otherwise  payable  under  this  Act 
equal  to  fifty  percentum  of  the  amount  payable  at  the 
time  of  such  award.  (Amended  by  Act  approved 
June  28,  1919.) 

§  20.  Industrial  board  to  report  to  governor.] 
The  Industrial  Board  shall  report  in  writing  to  the 
Governor  on  the  30th  day  of  June,  annually,  the  de¬ 
tails  and  results  of  its  administration  of  this  Act,  in 
accordance  with  the  terms  of  this  Act,  and  may  pre¬ 
pare  and  issue  such  special  bulletins  and  reports  from 
time  to  time  as  in  the  opinion  of  the  board  seems  ad¬ 
visable. 

§  21.  Award  not  subject  to  lien — lien  when 
EMPLOYER  INSOL^^NT — DEATH.]  No  payment,  claim, 
award  or  decision  under  this  Act  shall  be  assignable 
or  subject  to  any  lien,  attachment  or  garnishment,  or 
be  held  liable  in  any  way  for  any  lien,  debt,  penalty 
or  damages.  A  decision  or  award  of  the  Industrial 
Commission  against  an  employer  for  compensation 
under  this  Act,  or  a  written  agreement  by  an  em¬ 
ployer  to  pay  such  compensation  shall,  upon  the  filing 
of  a  certified  copy  of  the  decision  or  said  agreement, 
as  the  case  may  be,  with  the  Recorder  of  Deeds  of  the 
County,  constitute  a  lien  upon  all  property  of  the  em¬ 
ployer  within  said  county,  paramount  to  all  other 
claims  or  liens,  except  mortgages,  trust  deeds,  or  for 
wages  or  taxes,  and  such  liens  may  be  enforced  in  the 
manner  pro^dded  for  the  foreclosure  of  mortgages 
under  the  laws  of  this  State.  Any  right  to  receive 
compensation  hereunder  shall  be  extinguished  by  the 


IGl 


death  of  the  person  or  persons  entitled  thereto,  sub¬ 
ject  to  the  provisions  of  this  Act  relative  to  compensa¬ 
tion  for  death  received  in  the  course  of  employment : 
l*r()vi(Jc<J,  that  upon  the  death  of  a  beneficiary,  who  is 
receivinjjj  compensation  provided  for  in  section  7,  leav- 
iiii?  surviving?  a  parent,  sister  or  brother  of  the  de¬ 
ceased  employee,  at  the  time  of  his  death  dependent 
upon  him  for  support,  who  were  receiving;  from  such 
heneficiary  a  contrihution  to  support,  then  that  pro¬ 
portion  of  the  compensation  of  the  beneficiary  which 
would  have  been  paid  but  for  the  death  of  the  bene- 
fi(*iary,  but  in  no  event  exceeding  said  unpaid  com¬ 
pensation,  which  the  contribution  of  the  heneficiary  to 
the  dependent’s  support  within  one  year  prior  to  the 
death  of  the  beneficiary  bears  to  the  compensation  of 
the  beneficiary  within  that  year,  shall  be  continued 
for  the  benefit  of  such  dependents,  notwithstanding 
the  death  of  the  heneficiary.  (Amended  by  Act  ap¬ 
proved  June  2S,  11)19.) 

§  22.  Contract  within  seven  days  after  injury 
presu:med  fraudulent.]  Any  contract  or  agreement 
made  by  any  employer  or  his  agent  or  attorney  with 
any  employee  or  any  other  beneficiary  of  any  claim 
under  the  provisions  of  this  Act  within  seven  daj^s 
after  the  injury  shall  be  presumed  to  be  fraudulent. 

§  2o.  Waiver  of  provisions  :must  be  approved  by 
INDUSTRIAL  BOARD.]  No  employee,  personal  represent¬ 
ative,  or  beneficiary  shall  have  power  to  waive  any  of 
the  provisions  of  this  Act  in  regard  to  the  amount  of 
compensation  which  may  he  payable  to  such  em¬ 
ployee,  personal  representative  or  heneficiary  here¬ 
under  except  after  approval  by  the  Industrial  Board. 

§  24.  Notice  of  accident.]  No  proceedings  for 
compensation  under  this  Act  shall  be  maintained  un¬ 
less  notice  of  the  accident  has  been  given  to  the  em¬ 
ployer  as  soon  as  practicable,  but  not  later  than  30 
days  after  the  accident.  In  case  of  mental  incapacity 
of  the  employee,  notice  must  be  given  within  six 


162 


pionths  after  such  accident.  No  defect  or  inaccuracy 
of  such  notice  shall  be  a  bar  to  the  maintenance  of 
proceedings  by  arbitration  or  otherwise  by  the  em¬ 
ployee,  unless  the  employer  proves  that  he  is  unduly 
prejudiced  in  such  proceedings  by  such  defect  or  inac¬ 
curacy.  Notice  of  the  accident  shall  state  the  name 
and  address  of  the  employee  injured,  the  approximate 
date  and  place  of  the  accident,  if  known,  and  in 
simple  language  the  cause  thereof;  which  notice  may 
be  served  personally  or  by  registered  mail,  addressed 
to  the  employer  at  his  last  known  residence  or  place 
of  business :  Provided,  that  the  failure  on  the  part  of 
any  person  entitled  to  such  compensation  to  give  such 
notice  shall  not  relieve  the  employer  from  his  liability 
for  such  compensation,  when  the  facts  and  circum¬ 
stances  of  such  accident  are  known  to  such  employer, 
his  agent  or  vice  principal  in  the  enterprise.  No  pro¬ 
ceedings  for  compensation  under  this  Act  shall  be 
maintained  unless  claim  for  compensation  has  been 
made  within  six  months  after  the  accident,  or  in  the 
event  that  payments  have  been  made  under  the  pro¬ 
visions  of  this  Act  unless  written  claim  for  compensa¬ 
tion  has  been  made  within  six  months  after  such  pay¬ 
ments  have  ceased  and  a  receipt  therefor  or  a  state¬ 
ment  of  the  amount  of  compensation  paid  shall  have 
been  filed  with  the  Commission :  Provided,  that  no 
employee  who  after  the  accident  returns  to  the  em¬ 
ployment  of  the  employer  in  whose  services  he  was 
injured  shall  be  barred  for  failure  to  make  such  claim 
if  an  application  for  adjustment  of  such  claim  is  filed 
with  the  Industrial  Commission  within  eighteen 
months  after  he  returns  to  such  employment  and  the 
said  Commission  shall  give  notice  to  the  employer  of 
tiie  filing  of  such  application  in  the  manner  provided 
in  this  Act.  (Amended  by  Act  approved  June  28, 
1019.) 

§  25.  How  EMPLOYER  MAY  BE  RELIE^^D  OF  LIABIL¬ 
ITY  FOR  COMPENSATION.]  Aliy  employer  against  whom 
liability  may  exist  for  compensation  under  this  Act, 


163 


muy,  with  the  approval  of  the  Industrial  Board,  5- 
i*elieved  therefrom  by :  r,  i 

(a)  Depositing?  the  commuted  value  of  the  totP  ( 
unpaid  compensation  for  which  such  liability  exist’  ) 
computed  at  three  per  centum  per  annum  in  the  sam‘  ( 
manner  as  provided  in  section  0,  with  the  State  Treas 
urer,  or  county  treasurer  in  the  county  where  th' 
accident  happened,  or  with  any  State  or  Nationa 
hank  or  trust  company  doing  business  in  this  State 
or  in  some  other  suitable  depository  approved  by  the 
Industrial  Board :  ]*r()vidc(l,  that  any  such  depository 
to  which  such  compensation  may  be  paid  shall  pay 
the  same  out  in  installments  as  in  this  Act  provided, 
unless  such  sum  is  ordered  paid  in,  and  is  commuted 
to,  a  lump  sum  payment  in  accordance  with  the  pro¬ 
visions  of  this  Act. 

(b)  By  the  purchase  of  an  annuity,  in  an  amount 
of  compensation  due  or  computed,  under  this  Act 
within  the  limitation  provided  by  law,  in  any  insur¬ 
ance  company  granting  annuities  and  licensed  or  per¬ 
mitted  to  do  business  in  this  State,  which  may  be  des¬ 
ignated  by  the  employer,  or  the  Industrial  Board. 

§  26.  Provision  to  be  made  by  employer  electing 

TO  PAY  compensation - APPROVAL  OF  INDUSTRIAL  BOARD 

- WHEN  PROVISION  NOT  MADE  OR  NOT  APPROVED - INSUR¬ 
ANCE  LIABILITY — FAILURE  TO  COMPLY.]  (a)  Any  em¬ 
ployer  who  shall  come  within  the  provisions  of  section 
3  of  this  Act,  and  any  other  employer  who  shall  elect 
to  provide  and  pay  the  compensation  provided  for  in 
this  Act  shall : 

(1)  File  with  the  Commission  a  sworn  statement 
showing  his  financial  ability  to  pay  the  compensation 
provided  for  in  this  Act,  or 

(2)  Furnish  security,  indemnity  or  a  bond  guar¬ 
anteeing  the  payment  by  the  employer  of  the  compen¬ 
sation  provided  for  in  this  Act,  or 

(3)  Insure  to  a  reasonable  amount  his  liability 
to  pay  such  compensation  in  some  corporation  oi;^ 


164 


■ganization  authorized,  licensed  or  permitted  to  do 
■ch  insurance  business  in  this  State,  or . 

W  (4)  Make  some  other  provisions  for  the  securing 
If  the  payment  of  compensation  provided  for  in  this 
let,  and 

I  (5)  Upon  becoming  subject  to  this  Act  and 
■hereafter  as  often  as  the  Commission  may  in  writing 
llemand,  file  with  the  Commission  in  form  prescribed 
l)y  it  evidence  of  his  compliance  with  the  provisions 
pf  this  paragraph. 

(b)  The  sworn  statement  of  financial  ability,  or 
security,  indemnity  or  bond,  or  amount  of  insurance, 
or  other  provisions,  filed,  furnished,  carried,  or  made 
by  the  employer,  as  the  case  may  be,  shall  be  subject 
to  the  approval  of  the  Commission,  upon  the  approval 
of  which,  the  Commission  shall  send  to  the  employer 
written  notice  of  its  approval  thereof.  The  filing  with 
the  Commission  of  evidence  of  compliance  with  para¬ 
graph  (a)  of  this  section  as  therein  provided  shall 
constitute  such  compliance  until  ten  days  after  writ¬ 
ten  notice  to  the  employer  of  the  disapproval  by  the 
Commission. 

(c)  Whenever  the  Industrial  Commission  shall 
find  that  any  corporation,  company,  association,  ag¬ 
gregation  of  individuals,  or  other  insurer  affecting 
workmen’s  compensation  insurance  in  this  State  shall 
be  insolvent,  financially  unsound,  or  unable  to  fully 
meet  all  payments  and  liabilities  assumed  or  to  be 
assumed  for  compensation  insurance  in  this  State,  or 
shall  practice  a  policy  of  delay  or  unfairness  toward 
employees  in  the  adjustment,  settlement,  or  payment 
of  benefits  due  such  employees,  the  said  Industrial 
Com*missiou  may  after  reasonable  notice  and  hearing 
order  and  direct  that  such  corporation,  company,  as¬ 
sociation,  aggregation  of  individuals,  or  insurer,  shall 
from  and  after  a  date  fixed  in  such  order  discontinue 
the  writing  of  any  such  workmen's  compensation  in¬ 
surance  in  this  State.  Subject  to  such  modification  of 
^said  order  as  the  Commission  may  later  make  on  re- 


105 


view  of  said  order,  as  herein  provided,  it  shall  there¬ 
upon  he  unlawful  for  any  such  corporation,  comi)any, 
association,  aj?j?rej?ation  of  individuals,  or  insurer  to 
(‘ftect  any  workmen’s  compensation  insurance  in  this 
State.  Any  such  order  made  by  said  Industrial  Com¬ 
mission  shall  he  subject  to  review  by  the  courts,  as  in 
the  case  of  other  orders  of  said  Industrial  Commis¬ 
sion,  provided  that  upon  said  review  the  Circuit  Court 
shall  have  power  to  review  all  (piestions  of  fact  as 
well  as  of  law. 

(d)  The  failure  or  neglect  of  an  employer  to  com¬ 
ply  with  the  provisions  of  paragraph  (a)  of  this  sec¬ 
tion  shall  be  deemed  a  misdemeanor  punishable  by  a 
tine  e(iual  to  ten  cents  per  each  employee  of  such  em¬ 
ployer,  at  the  time  of  such  failure  or  neglect,  but  not 
less  than  one  dollar  nor  more  than  tifty  dollars,  for 
each  day  of  such  refusal  or  neglect  until  the  same 
ceases.  Each  day  of  such  refusal  or  neglect  shall  con¬ 
stitute  a  separate  offense.  (Amended  by  Act  ap¬ 
proved  June  28,  1919.) 

§  27.  Not  affect  continuance  of  any  existing 

INSURANCE,  ETC. - NOT  PREVENT  EMPLOYER  FROM  IN¬ 
SURING - EMPLOYEE  MAY  INSURE  FOR  ADDITIONAL  BENE¬ 

FITS.]  (a)  This  Act  shall  not  affect  or  disturb  the 
continuance  of  any  existing  insurance,  mutual  aid, 
benefit  or  relief  association  or  department,  whether 
maintained  in  whole  or  in  part  by  the  employer  or 
whether  maintained  by  the  employees,  the  payment  of 
benefits  of  such  association  or  department  being 
guaranteed  by  the  employer  or  by  some  person,  firm 
or  corporation  for  him :  Provided,  the  employer  con¬ 
tributes  to  such  association  or  department  an  amount 
not  less  than  the  full  compensation  herein  provided, 
exclusive  of  the  cost  of  the  maintenance  of  such 
association  or  department  and  without  any  expense  to 
the  employee.  This  Act  shall  not  prevent  the  organ¬ 
ization  and  maintaining  under  the  insurance  laws  of 
this  State  of  any  benefit  or  insurance  company  for 
the  purpose  of  insuring  against  the  compensation  pro- 


166 


vided  for  in  this  Act,  the  expense  of  which  is  main¬ 
tained  hy  the  employer.  This  Act  shall  not  prevent - 
the  organization  or  maintaining  under  the  insurance 
laws  of  this  State  of  any  voluntary  mutual  aid. 
henetit  or  relief  association  among  employees  for  the 
payment  of  additional  accident  or  sick  benefits. 

(b)  No  existing  insurance,  mutual  aid,  benefit  or 
relief  association  or  department  shall,  by  reason  of 
anything  herein  contained  be  authorized  to  discontinue 
its  operation  without  first  discharging  its  obligations 
to  any  and  all  persons  carrying  insurance  in  the  same 
or  entitled  to  relief  or  benefits  therein. 

(c)  Any  contract,  oral,  written  or  implied,  of  em¬ 
ployment  providing  for  relief  benefit,  or  insurance  or 
any  other  device  whereby  the  employee  is  required  to 
pay  any  premium  or  premiums  for  insurance  against 
the  compensation  provided  for  in  this  Act  shall  be  null 
and  void,  and  any  employer  withholding  from  the 
wages  of  any  employee  any  amount  for  the  purpose 
of  paying  any  such  premium  shall  be  guilty  of  a  mis¬ 
demeanor  and  punishable  by  a  fine  of  not  less  than 
ten  dollars  nor  more  than  one  thousand  dollars,  or 
imprisonment  in  the  county  jail  for  not  more  than  six 
mojiths,  or  both,  in  the  discretion  of  the  court. 

§  28.  Ix  CASE  OF  employer’s  insolvency  subro- 

CATED  TO  HIS  RIGHTS  AGAINST  ANY  INSURANCE  COM¬ 
PANY.]  In  the  event  the  employer  does  not  pay  the 
compensation  for  which  he  is  liable,  then  an  insur¬ 
ance  company,  association  or  insurer  which  may  have 
insured  such  employer  against  such  liability  shall  be¬ 
come  primarily  liable  to  pay  to  the  employee,  his  per¬ 
sonal  representative  or  beneficiary  the  compensation 
reciuired  by  the  provisions  of  this  Act  to  be  paid  by 
such  employer.  The  insurance  carrier  may  be  made 
a  party  to  the  proceedings  to  which  the  employer  is  a 
party  and  an  award  may  be  entered  jointly  against 
the  employer  and  the  insurance  carrier.  (Amended 
])y  Act  approval  June  28,  1919.) 

29.  Where  injury  caused  under  circumstances 


167 


crp:ating  a  legal  liability  in  some  person  other 
THAN  THE  EM'jPLOYER.]  Where  ail  injury  or  death  for 
uiiieli  compensation  is  payable  by  the  employer  under 
this  Act,  was  not  proximately  caused  by  the  negli¬ 
gence  of  the  employer  or  his  employees,  and  was 
caused  under  circumstances  creating  a  legal  liability 
for  damages  in  some  person  other  than  the  employer 
to  pay  damages,  such  other  person  having  also  elected 
to  be  bound  by  this  Act,  or  being  bound  thereby  under 
section  three  (8)  of  this  Act,  then  the  right  of  the 
employee  or  personal  representative  to  recover  against 
such  other  person  shall  be  subrogated  to  his  employer 
and  such  employer  maj’  bring  legal  proceedings 
against  such  other  person  to  recover  the  damages  sus¬ 
tained  in  an  amount  not  exceeding  the  aggregate 
amount  of  compensation  payable  under  this  Act,  by 
reason  of  the  injury  or  death  of  such  employee. 
Where  the  injury  or  death  for  which  compensation  is 
payable  under  this  Act,  was  not  proximately  caused 
by  the  negligence  of  the  employer  or  his  employees 
and  was  caused  under  circumstances  creating  a  legal 
liability  for  damages  on  the  part  of  some  person  other 
than  the  employer  to  pay  damages,  such  other  person 
having  elected  not  to  be  .bound  by  this  Act,  then  legal 
proceedings  may  be  taken  against  such  other  person 
to  recover  damages  notwithstanding  such  employer's 
payment  of  or  liability  to  pay  compensation  under 
this  Act,  but  in  such  case  if  the  action  against  such 
other  person  is  brought  by  the  injured  employee  or  his 
personal  representative  and  judgment  is  ol)tained  and 
paid,  or  settlement  is  made  with  such  other  person, 
either  with  or  without  suit,  then  from  the  amount 
received  by  such  employee  or  personal  representative 
there  shall  be  paid  to  the  employer  the  amount  of 
compensation  paid  or  to  be  paid  by  him  to  such  em¬ 
ployee  or  his  personal  representative :  Provided,  that 
if  the  injured  employee  or  his  personal  representative 
shall  agree  to  receive  compensation  from  the  employer 

/  or  to  institute  proceedings  to  recover  the  same  or 

l  A 


168 


accept  from  the  employer  any  payment  on  account  of 
such  compensation,  such  employer  shall  be  subrogated 
to  all  the  rights  of  such  employee  or  personal  repre¬ 
sentative  and  may  maintain,  or  in  case  an  action  has 
already  been  instituted,  may  continue  an  action  either 
hi  the  name  of  the  employee  or  personal  representa¬ 
tive  or  in  his  own  name  against  such  other  person  for 


the  recovery  of  damages  to  which  but  for  this  section 
the  said  employee  or  personal  representative  would 
he  entitled,  but  such  employer  shall  nevertheless  pay 
over  to  the  injured  employee  or  personal  representa¬ 
tive,  all  sums  collected  from  such  other  person  by 
judgment  or  otherwise  in  excess  of  the  amount  of 
such  compensation  paid  or  to  be  paid  under  this  Act, 
and  all  costs,  attorneys’  fees  and  reasonable  expenses 
incurred  by  such  employer  in  making  such  collection 
and  enforcing  such  liability.  (Amended  by  Act  ap¬ 
proved  June  25,  1917.) 

§  30.  Report  of  accidext.  etc.,  by  employer  to 
ixDUSTRiAL  BOARD.]  It  Shall  be  the  dutv  of  everv  em- 
ployer  within  the  provisions  of  this  Act  to  send  to  che 
Industrial  Board  in  writing  an  immediate  report  of 
all  accidental  injuries  arising  out  of  or  in  the  course 
of  the  employment  and  resulting  in  death ;  it  shall 
also  be  the  duty  of  every  such  employer  to  report  be¬ 
tween  the  15th  and  the  25th  of  each  month  to  the  In¬ 
dustrial  Board  all  accidental  injuries  for  which  com¬ 
pensation  has  been  paid  under  this  Act,  which  injuries 
entail  a  loss  to  the  employee  of  more  than  one  week's 
time,  and  in  case  the  injurj-  results  in  permanent  dis- 
a])i!ity,  a  further  report  shall  l)e  made  as  soon  as  it  is 
determined  that  such  permanent  disability  has  re¬ 
sulted  or  will  result  from  such  injury.  All  reports 
shall  state  the  date  of  the  injury,  including  the  time 
of  day  or  night,  the  nature  of  the  employer’s  business, 
the  name,  address,  the  age,  sex,  conjugal  condition  of 
the  injured  person,  the  specific  occupation .  of  the  in¬ 
jured  person,  the  direct  cause  of  the  injury  and  the 
nature  of  the  accident,  the  character  of  the  injury, 


160 


the  of  disability,  and,  in  ease  of  death,  the 

length  of  disability  before  death,  the  wages  of  the  in¬ 
jured  person,  whether  compensation  has  been  paid  to 
the  injured  person,  or  to  his  legal  representatives  or 
his  heirs  or  next  of  kin,  the  amount  of  compensation 
paid,  the  amount  paid  for  physicians’,  surgeons,  and 
hospital  hills,  and  by  whom  paid,  and  the  amount 
paid  for  funeral  or  burial  expenses,  if  known.  The 
making  of  reports  as  provided  herein  shall  release  the 
employer  covered  by  the  provisions  of  this  Act  from 
making  such  reports  to  any  other  officer  of  the  State. 

§  81.  Who  inclui)p:i)  in  tkrm  “employer” — con¬ 
tracting  WITH  OTHERS  TO  DO  THE  WORK.]  Aliy  OllG 
engaging  in  any  business  or  enterprise  referred  to  in 
sub-sections  1  and  2  of  section  8  of  this  Act  who 
undertake  to  do  any  work  enumerated  therein,  shall 
he  liable  to  pay  compensation  to  his  own  immediate 
employees  in  accordance  with  the  provisions  of  this 
Act,  and  in  addition'  thereto  if  he  directlj"  or  in¬ 
directly  engage  any  contractor  whether  principal  or 
sub-contractor  to  do  any  such  work,  he  shall  be  liable 
to  pay  compensation  to  the  employees  of  any  such  con¬ 
tractor  or  sub-contractor  unless  such  contractor  or 
sub-contractor  shall  have  insured,  in  any  company  or 
association  authorized  under  the  laws  of  this  State  to 
insure  the  liability  to  pay  compensation  under  this 
Act,  or  guaranteed  his  liability  to  pay  such  compensa¬ 
tion. 

In  the  event  any  such  person  shall  pay  compen¬ 
sation  under  this  section  he  mav  recover  the  amount 
thereof  from  the  contractor  or  sub-contractor,  if  any, 
and  in  the  event  the  contractor  shall  pay  compensa¬ 
tion  under  this  section  he  may  recover  the  amount 
thereof  from  the  sub-contractor,  if  any. 

This  section  shall  not  apply  in  any  case  where  the 
accident  occurs  elsewhere  than  on,  in  or  about  the  im¬ 
mediate  premises  on  which  the  principal  has  con¬ 
tracted  that  the  work  shall  be  done.  (Amended  by 
Act  approved  June  28,  1919.) 


170 


§  32.  Right  of  action  accruing  before  taking 

EFFECT  OF  THIS  ACT — IF  THIS  ACT  REPEALED,  ETC. — 
CLAIM  UNDER  PREVIOUS  ACT,  HOW  ADJUSTED.]  If  any  Of 

the  provisions  of  this  Act  providing  for  compensation 
for  injuries  to  or  death  of  employees  shall  be  repealed 
or  adjudged  invalid  or  unconstitutional,  the  period 
intervening  between  the  occurrence  of  any  injury  or 
death  and  such  repeal  or  final  adjudication  of  invalid¬ 
ity,  shall  not  be  computed  as  a  part  of  the  time 
limited  by  law  for  the  commencement  of  any  action 
relating  to  such  injury  or  death,  but  the  amount  of 
any  compensation  which  may  have  been  paid  for  any 
such  injury  shall  be  deducted  from  any  judgment  for 
damages  recovered  on  account  of  such  injury.  Any 
claim,  disagreement  or  controversy  existing  or  arising 
under  “An  Act  to  promote  the  general  welfare  of  the 
people  of  this  State,  by  providing  compensation  for 
accidental  injuries  or  death  suffered  in  the  course  of 
employment,”  approved  June  10,  1911,  in  force  May  1, 
1912,  shall  be  adjusted  in  accordance  with  the  pro¬ 
visions  of  said  Act,  notwithstanding  the  repeal 
thereof,  or  may  by  agreement  of  the  parties  be  ad¬ 
justed  in  accordance  with  the  method  of  procedure 
provided  in  this  Act  for  the  adjustment  of  differences, 
jurisdiction  to  adjust  such  differences  so  submitted  by 
the  parties  being  hereby  conferred  upon  the  Industrial 
Board  or  committee  of  arbitration  provided  for  in  this 
Act.  (Amended  by  Act  approved  June  25,  1917.) 

§  33.  Penalties.]  Any  wilful  neglect,  refusal  or 
failure  to  do  the  things  required  to  be  done  by  any 
section,  clause,  or  provision  of  this  Act,  on  the  part 
of  the  person  herein  required  to  do  them,  or  any 
violation  of  any  of  the  provisions  or  requirements 
hereof,  or  any  attempt  to  obstruct  or  interfere  with 
any  court  officer,  or  any  other  person  charged  with 
the  duty  of  administering  or  enforcing  the  provisions 
of  this  Act,  shall  be  deemed  a  misdemeanor,  punish¬ 
able  by  a  fine  of  not  less  than  $10.00  nor  more  than 
$500.00  at  the  discretion  of  the  court. 


171 


§  Name  of  act.]  This  Act  may  be  cited  as 
the  Workmen’s  Compensation  Act.  (Added  by  an  Act 
approved  June  28,  1915. ) 

§  34.  Invalidity.]  The  invalidity  of  any  portion 
of  this  Act  shall  in  no  way  affect  the  validity  of  any 
other  portion  thereof  which  can  be  given  effect  with¬ 
out  such  invalid  part. 

§  35.  Repeal.]  That  an  Act  to  promote  the  gen¬ 
eral  welfare  of  the  State  of  Illinois  by  providing  com¬ 
pensation  for  accidental  injuries  or  death  suffered  in 
the  course  of  employment,  approved  June  10,  1911,  in  ^ 
force  May  1,  1912,  be,  and  the  same  is,  hereby  re-  i 
pealed.  / 


172 


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7  years 

and 

— weeks 

329.5296 

330.3417 

331.1534 

331.9647 

332.7755 

333.5858 

334.3957 

335.2051 

336.0140 

336.8225 

6  years 

and 

— weeks 

286.6543 

287.4908 

288.3269 

289.1625 

289.9976 

290.8322 

291.6664 

292.5001 

293.3333 

294.1660 

5  years 

and 

— weeks 

242.4928 

243.3544 

244.2155 

245.0762 

245.9364 

246.7960 

247.6552 

248.5139 

249.3721 

250.2298 

4  years 
and 

— weeks 

197.0664 

197.8939 

198.7808 

199.6673 

200.5533 

201.4387 

202.3237 

203.2082 

204.0921 

204.9756 

3  years 
and 

— weeks 

150.1554 

151.0695 

151.9831 

152.8962 

153.8087 

154.7207 

155.6323 

156.5432 

157.4537 

158.3637 

2  years 
and 

— weeks 

101.8989 

102.8405 

103.7814 

104.7219 

105.6618 

106.6012 

107.5401 

108.4784 

109.4162 

110.3534 

1  year 
and 

— weeks 

52.1947 

53.1645 

54.1337 

55.1024 

56.0705 

57.0381 

58.0051 

58.9716 

59.9375 

60.9029 

0  years 

0.9994 

1.9983 

2.9966 

3.9943 

4.99kS 

5.9881 

6.8941 

7.9796 

8.9745 

9.9688 

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PRESENT  VALUE  TABLES— Continued. 


174 


7  years 
and 

— weeks 

364.0392 

364.8318 

365.6239 

366.4156 

367.2068 

367.9975 

368.7878 

369.5777 

370.3671 

6  years 
and 

— weeks 

322.1993 

323.0156 

323.8315 

324.6469 

325.4618 

326.2763 

327.0903 

327.9039 

328.7169 

5  years 
and 

— weeks 

279.1041 

279.9449 

280.7852 

281.6251 

282.4645 

283.3034 

284.1419 

284.9788 

285.8173 

1 

4  years 
and 

— weeks 

234.7160 

235.5821 

236.4476 

237.3127 

238.1773 

239.0414 

239.9049 

240.7680 

241.6307 

3  years 
and 

— weeks 

188.9964 

189.8884 

190.7799 

191.6709 

192.5714 

193.4514 

194.3409 

195.2299 

196.1184 

2  years 
and 

— weeks 

141.9051 

142.8239 

143.7421 

144.6599 

145.5771 

146.4938 

147.4100 

148.3257 

149.2408 

1  year 
and 

— weeks 

93.4011 

94.3474 

95.2933 

96.2385 

97.1833 

98.1275 

99.0711 

100.0143 

100.9569 

0  years 

43.4420 

44.4167 

45.3909 

46.3645 

47.3376 

48.3101 

49.2821 

50.2526 

51.2244 

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INDEX 


General  Mining  Law — 


Section. 

1. 


o 

O* 


(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 


4. 

5. 


State  Mining  Board . 

Powers  and  duties  of  board . ! 

Date  and  term  of  appointment . 

Supplies  furnished  by  Secretary  of  State.. 

Frequency  of  meetings . 

Kule  of  procedure . . 

Compensation  of  members — salary  of  chief 

clerk  . 

Credentials  . ‘ . 

Examination  for  Inspectors . 

Names  certified  to  the  Governor 
Examinations  for  mine  managers 
Examination  for  mine  managers.  . 
Examinations  for  mine  examiners 
pjxaminations  for  hoisting  engineers 

Examination  papers  preserved . 

Certificates  issued  by  the  Board . 

Record  to  be  preserved . 

Effect  of  certificates . 

Unlawful  to  employ  other  than  certificated 

mine  manager . 

Unlawful  to  employ  ot>^'  man  certificated 

mine  examiner . 

Unlawful  .to  employ  other  than  certificated 

hoisting  engineer . 

Temporary  employment  of  uncertificated 

persons  not  extended . 

Removal  of  inspectors . 

Cancellation  of  certificates . 

Inspection  districts . 

(a)  Inspectors  appointed . 

County  inspectors . * . 

Bond . 

Instruments  . 

Examination  of  mines . 

Scope  of  examination . 

Authority  to  enter . 

Procedure  in  case  of  objection . 

Notices  to  be  posted . . . 


(a) 

(b) 

(c) 

(d) 

(d) 

(e) 

(f) 

(g) 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 


(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(b) 

(i) 


2VJ 


178 


INDEX — Continued. 


General  Minins  Law — Continued. 


Section. 

(j) 

(k) 

(l) 

(m) 

(n) 


Sealer  of  weights . 

Test  weights . 

Inspector’s  annual  reports 
Reports  to  be  published .  . . 
Reports  by  operator . 


Page. 

0 


.  34 
.  34 
.  34 
.  35 


6. 
i . 


/ 


8. 

9. 


I- 

i 


Pay  of  inspectors . 

(a)  Maps  required . 

(b)  Surface  survey . 

(c)  Underground  survey . 

(d)  Maps  for  every  seam . 

(e)  Separate  map  for  the  surface . 

(f)  The  dip . 

(g)  Copies  for  inspectors  and  recorders . 

(h)  Annual  surveys . 

(i)  Abandoned  mines . 

(j)  Special  survey . 

(k)  Penalties  for  failure . . . 

Sinking  subject  to  inspection . 

(a) ®  Two  places  of  egress . 

(b)  Distance  from  main  shaft . 

(c)  Unlawful  to  employ  more  than  ten  men.  .  . 

(d)  Stairways  or  cages . 

(e)  Passageways  to  escapement . 

(f)  Communication  with  adjacent  mines . 

(a)  Gates  at  landings . 

(b)  Lights  on  landings . 

(c)  Hoisting  equipment . 

(d)  Brake  on  drum — flanges — rope  fastenings 

— indicator . 

fe)  Signals . 

(f)  Gauges  . 

(g)  Safety  valves . 

(h)  Inspector  of  boilers . 

(i)  Run-around  at  bottom . 

(j)  Refuge  place  on  shaft  bottom . 

(k)  Obstructions  in  shaft . 

(l)  Inspection  . 

(a)  Buildings  on  the  surface . 

(b)  Oil  and  other  explosives . 

(c)  Engine  and  Boiler  house . 

(a)  Top  man  and  bottom  man . 

(b)  Speed  of  cages  and  other  regulations.... 

(c)  Rights  of  men  to  come  out . 

Safety  Lamps . 


35 

36 
36 
36 

36 

37 
37 

37 

38 

38 

39 

39 

40 

41 
41 

41 

42 

42 

43 

43 

44 

44 

45 

46 
46 
46 

46 

47 
47 

47 

48 
48 

48 

49 
49 

49 

50 


t 

v' 

\ 

J 


INDEX — Continued. 
General  Mining  Law — Concluded. 
Section. 


Paee. 


14.  Ventilation . 

(b)  Refuge  places,  mule  roads _ _  .  .  .  .  .  V .  .  . So 

(b)  Refuge  places,  mule  roads .  )55 

(c)  Room  necks  as  refuge  places .  55 

(d)  •  Keeping  refuge  places  clear .  55 

(e)  Gob  on  haulage  roads . . .  55 

Cars  .  io 

(a)  Voltage  . .i(; 

(b)  Wires  crossing  haulage  roads .  66 

(a)  Oil  standards .  50 

(b)  Brands  of  oil . .  .  .  57 

(c)  Penalty  .  67 

(d)  Sampling  and  testing . /57 

(a)  Amount  of  powder  in  mine .  58 

(b)  Place  and  manner  of  keeping  in  the  mine.  .  .  ^  58 

(c)  Manner  of  handling . 158 

(d)  Quantity  of  powder  in  one  charge . '59 

(e)  Standard  charger .  59 

(f)  Dead  holes .  59 

(g)  Mixed  shots . '60 

(h)  Copper  tools .  60 

(i)  Tamping  .  60 

(j)  Use  of  squibs . 60 

Warning  before  firing .  ^60 

one  shot  at  a  time .  ' 


16. 

17. 

18. 


19. 


20. 

21. 

22. 

23. 

24. 

25. 


26. 

27. 


28. 

29. 

30. 

31. 


(k) 

(l)  Not  more  than 

(m)  Missed  shots 

Duty  of  mine 
Certified  mine 


managers 

examiners 


)0 

)1 

f)l 

64 


Duty  of  hoisting  engineer .  67 

Special  rules .  68 

(a)  Ten  foot  limit . . '.^O 

(b)  Approaching  abandoned  workings .  7f0 

(a)  Duty  of  inspector .  '^0 

(b)  Coroner’s  inquest .  J1 

(c)  Investigation  by  inspection .  Til 

Stretchers  and  blankets .  712 

(a)  Scales  . 712 

(b)  Weighman  .  7 

(c)  Check  weighman .  7 

Boys  and  women . ; .  7 

Penalties  .  7 

Definition  of  terms . .  7i 

Repeal . 


180 


INDEX — Continued. 

Right  of  Eminent  Domain — 

Section.  Page. 

1.  Road  or  railroad .  77 

2.  Trespass,  surveyor .  '(S 

3.  Surveyor,  powers,  penalty .  78 

4.  Examination,  expenses .  78 

5.  Trespass,  penalty .  79 

0.  Mining  rights,  conveyance .  79 

^  7.  Mining  rights,  taxation .  79 

8.  Lead  mineral,  record .  79 

9.  Lead  mineral,  record,  inspection .  79 

10.  Lead  mineral,  purchaser,  statement .  80 

11.  Lead  mineral,  purchase .  80 

12.  Lead  mineral,  purchase,  penalty .  80 

WaAes^  Lien  on  Property — 


,  l.i  Laborer  or  minerss  wages,  lien  on  all  property.  ...  81 


Mi>;:ers  Paid  for  All  Coal  Mined — 

)1.  Wages,  payment . 81 

12.  Investigation  and  prosecution .  81 

;3.  Violation,  penalty . 82 

SHjOT  Firers  in  Coal  AIines — 

11.  Shot  firers  furnished .  82 

12.  When  .  83 

3.  Shot  firers,  notice,  record .  83 

4.  Blasting  .  83 

5.  Drill  holes,  alteration .  84 

0.  Unlawful  shots .  84 

7.  Unlawful  shot,  ordering .  84 

8.  ATolation,  penalty .  84 

Fiire  Fighting  Equipment — 

1.  Requirements  .  85 

/ '  2.  Water  supply,  hose  and  pipe  connections,  auto¬ 

matic  sprinkler,  water  barrels,  chemical  fire 
extinguishers  . 86 

3.  Drainage,  water  pressure .  S9 

4.  Underground  stables,  hay,  bedding  and  feed ; 

light  .  90 


181 


INDEX — ContiDued. 

Fire  Fighting  Equipment — Concluded. 

Section.  Pa 

5.  Telephone  lines,  notice  of  danger,  ‘  rules  and  in¬ 
structions,  fire  drill . 

0.  Fireproof  construction . 

7.  Violation,  complaints,  penalties . 

Rescue  Stations — 

1.  Rescue  stations,  number . 

2.  Commission,  appointment,  compensation . 

3.  Station  sites,  cooperation . 

4.  Plans,  State  architect . 

5.  Superintendents  and  assistants,  number,  appoint¬ 

ment,  instructions . 

0.  Salaries  . 

7.  Commission,  duty . 

8.  Superintendents,  duty . 

9.  Biennial  report . 

10.  Appropriation  . 


j 

( 

0 


Miners'  Examining  Board — 

Certificates  of  competency,  duplicates . 

2.  (Repealed,  See  Civil  Administrative  Code) 
3  and  4.  (Repealed  as  above) . 

5.  Organization,  secretary,  duties . 

6.  Examinations,  time  and  place,  notice.  .  .  . 

7.  Fees  . 

8.  Examinations,  certificates,  record . 

9.  Annual  report . 

10.  Violations,  penalties . . 

11.  Complaints  and  prosecutions . 

12.  Oath,  perjury . 

13.  Removal  of  Commissioners . 

14.  Invalidity  . 

15.  Repeal  . 

Oil  and  Gas  Wells — 

1.  Wells,  distance . 

2.  Statement,  map,  record . 

3.  Abandoned  well,  plugging . 


182 


INDEX — Continued. 

|l  and  Gas  Wells — Concluded. 

fction.  Page. 

4.  AflBdavit  of  plugging . 105 

5.  Fresh  water,  casing  of . 106 

6.  Violations,  penalties . 106 

7.  Emergency  . 107 

,0AL  AND  Other  Mineral  Leases  to  be  Released  of 
Record  When  Forfeited — 

1.  Release,  recording . 107 

2.  Mandamus,  attorney’s  fees . 107 

[iL  AND  Gas  Leases  to  be  Released  of  Record  When 
Forfeited — 

1.  Release,  recording . 108 

2.  Mandamus,  attorney’s  fees . ..109 

Igulating  the  Character  of  Permissible  Explosives — 

1.  Permissible  explosives,  specifications . 109 

2.  Samples  . 110 

3.  Place  of  testing . 110 

4.  Testing  samples . 110 

5.  Violations,  prosecutions . Ill 

6.  Storing  explosives . Ill 

7.  Magazines,  construction . Ill 

8.  Misstamping,  etc . Ill 

9.  Penalties  . Ill 

[egulating  the  Character  of  Black  Powder  Used 
in  Mines — 

1.  Black  powder,  specifications . 112 

2.  Stamping  . 113 

3.  Unlawful  sale,  penalty . 114 

4.  Samples  and  tests . 114 


Vash  Rooms  for  Employes — 

1.  Wash  rooms,  establishment 

2.  Requirements  . 

3.  Inspection  . 

4.  Violation,  penalty . 

5.  Second  offense,  etc.,  penalty 


115 

116 
116 
116 
116 


INDEX — Continued. 


Capital  Stock  Ownership — 

Section. 

1.  Capital  stock,  authority  to  own . 

Mining  Engineering —  ■ 

1.  Department  of  Mining  Engineering . llB 

2.  Courses  of  instruction . ■ 

3.  Dissemination  of  scientific  facts . Hm 

4.  Appropriation  . ID- 

5.  Warrants  . 11^ 

Trespass  and  Intimidation — 

160.  Intimidation,  penalty . 1 

268.  Trespass,  penalty . 1 


Information — 

1.  Information,  duty  or  inspectors . 1 

.  2.  Expenses,  payment . 11 

Mining  Investigation — 

1.  Commission,  appointment,  powers  and  duties....  12  ; 

2.  Witnesses,  subpoenas,  contempt,  seal . 12 

3.  Organization,  meeting,  quorum,  record . 12 

4.  Report,  recommendations,  termination  of  com¬ 

mission  . 12 

5.  Expenses  and  compensation,  stenographer . 12- 

6.  Appropriation,  warrants,  printing . 12 

Rules  and  Regulations  Governing  Examinations  ....  12  ^ 

Workmen’s  Compensation — 

1.  Effective  as  to  certain  employers,  notice  duration 


and  termination  of  election,  liability . 127| 

2.  (Repealed  by  Act  of  June  25,  1917) . 12tl 

3.  Compulsory  upon  extra  hazardous  employment ...  1291 
3^.  Non-election  notice,  presumption,  certificates ....  130l 

4.  Employer  defined . 131 

5.  Employee  defined . 132, 

6.  Common  law  remedies . 133 

7.  Compesation  for  fatal  injuries . 13^ 

8.  Compensation  for  non-fatal  injuries . Ijfl 

» 


184 


INDEX — Concluded. 

"0RKMEX\S  Compensation — Concluded, 
lection. 

9.  Lump-sum  settlement,  petition,  limitation . 142 

10.  Compensation,  computation  basis....,' . 14,3 

11.  Liability,  limitation . I45 

12.  Physical  examination . I45 

13.  Industrial  Commission  (Board) . 146 

14.  Salaries  . . 

15.  Industrial  Commission  (Board),  jurisdiction . 147 

16.  Rules  and  regulations,  procedure,  fees . 148 

17.  Blanks,  records . I49 

|18.  Disputed  questions,  jurisdiction . 1.50 

1 19.  Disputed  questions,  procedure,  judgment,  re- 

I  '  view  . 150 

[20.  Annual  report . 159 

I  21.  Assignment  of  claim,  insolvency,  decease  of 

claimant  . .\  . . 159 

'  22.  Fraudulent  contracts . 160 

23.  Waiver  . ' . 160 

24.  Notice  of  accident  or  injury,  claim  for  injury, 

limitation  . * . ...160 

25.  Release  from  liability . 161 

26.  Financial  responsibility,  security . 162 

27.  Insurance,  relief  benefit . 164 

28.  Subrogation,  insurance  companies . 165 

29.  Subrogation,  third  parties . 165 

30.  Accident  reports . 167 

31.  Contractors  and  subcontractors,  liability . 168 

32.  Deduction,  disputed  claims,  jurisdiction . 168 

33.  Offenses,  penalty . 169 

331/2.  Short  title  . 169 

34.  •  Invalidity  . 169 

35.  Repeal  . 169 

Tables  of  Compensation — 

Present  values . Ill 


UNIVERSITY  OF  ILLINOIS-URBANA 


3  011211 6639292 


